Labor

in LABOR LAW
Prepared by: The Barristers Club

2013
Fundamental
Provision on Labor
Constitutional
2. Such that the latter was convinced

to part with his money in order to be
so employed. (People v. Goce, G.R.
No. 113161, Aug. 29, 1995)
Sec. 3, Art. XIII

The State shall afford full
protection to labor, local and overseas,
organized and unorganized, and
promote full employment and equality
of employment opportunities for all.
It shall guarantee the rights of
all
workers
to
selforganization,
collective bargaining and negotiations,
and peaceful concerted activities,
including the right to strike in
accordance with law. They shall be
entitled to security of tenure, humane
conditions of work, and a living wage.
They shall also participate in policy
and
decisionmaking
processes
affecting their rights and benefits as
may be provided by law.
The State shall promote the
principle of shared responsibility
between workers and employers and
the preferential use of voluntary
modes in settling disputes, including
conciliation, and shall enforce their
mutual compliance therewith to foster
industrial peace.
The State shall regulate the
relations
between
workers
and
employers, recognizing the right of
labor to its just share in the fruits of
production and the right of enterprises
to reasonable returns to investments,
and to expansion and growth.
Who is an overseas Filipino

worker (OFW)?
A person who is to be engaged, is
engaged or has been engaged in a
remunerated activity in a State of
which he or she is not a citizen or on
board a vessel navigating the foreign
seas other than a government ship
used for military or noncommercial
purposes or on an installation located
offshore or on the high seas; to be
used interchangeably with migrant
worker. (Sec.2, R.A. 10022 amending
R.A. 8042)
What is the theory of imputed
knowledge?
A rule in insurance law that any
information
material
to
the
transaction, either possessed by the
agent at the time of the transaction or
acquired by him before its completion,
is deemed to be the knowledge of the
principal, at least so far as the
transaction is concerned, even though
in fact the knowledge is not
communicated to the principal at all.
(Leonor v. Filipinas Compania, 48 OG
243)
Distinguish
a
license
from
authority.
A license
is issued by DOLE
authorizing a person or entity to
operate a private employment agency.
An authority, on the other hand, is a
document issued by the DOLE
authorizing a person or association to
engage in recruitment and placement
activities as a private recruitment
entity.
What are the essential elements

in determining whether one is
engaged
in
recruitment/placement?
It must be shown that:
1. The accused gave the complainant
the distinct impression that she had
the power or ability to send the
complainant for work,
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prize of the high calling of God

in Christ Jesus. - Philippians
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What is the ban on direct-hiring?
General Rule: An employer may only
hire Filipino worker for overseas
employment through POEA or entities
authorized by DOLE.
Exception:
Direct hiring by:
1. International organizations
2. Name hires
3.
Members
of
the
diplomatic
organizations
4. Other Employers as may be allowed
by DOLE.
4. The employers family members who

depend on him for support
5. Domestic helpers and persons in
the personal service of another, and
6. Workers who are paid by results as
determined under DOLE regulations
When is travel time considered
working time?
1. Travel from home to work
General Rule: Normal travel from
home to work is not working time.
Exceptions:
a. Emergency call outside his regular
working hours where he is required to
travel to his regular place of business
or some other work site.
b. Done through a conveyance
provided by the employer (Er).
c. Done under the supervision and
control of the Er.
d. Done under vexing and dangerous
circumstance.
2. Travel that is all in a days work
time spent in travel as part of the
employees (Ees) principal activity
3. Travel away from home
General Rule:
a. Travel that requires an overnight
stay on the part of the Ee when it cuts
across the Ees workday is clearly
working time.
b. The time is not only hours worked
on regular workdays but also during
corresponding working hours on non
working days. Outside of these regular
working hours, travel away from home
is not considered working time.
What is the rule on remittance of

foreign exchange earnings?
General Rule: It shall be mandatory for
all OFWs to remit a portion of their
foreign exchange earnings to their
families,
dependents,
and/or
beneficiaries ranging from 50% 80%
depending on the workers kind of job.
(Rule VIII, Book III, POEA Rules)
Exceptions:
1. The workers immediate family
members,
beneficiaries
and
dependents are residing with him
abroad
2.
Immigrants
and
Filipino
professionals and employees working
with the UN agencies or specialized
bodies
3. Filipino servicemen working in U.S.
military installations. (Resolution No.
1-83, Inter-Agency Committee for
Implementation of E.O. 857)
Who are the employees that are
covered by the conditions of
employment?
General Rule: It applies to all Ees in
all establishments.
Exceptions:
1. Govt employees
2. Managerial employees
3. Field personnel
Exception: During meal period or

when Ee is permitted to sleep in
adequate facilities furnished by the Er.
What is salary ceiling method?
A
method
of
minimum
wage
adjustment
whereby
the
wage
adjustment is applied to Ees receiving
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a certain denominated ceiling. In other
words, workers already being paid
more than the existing minimum wage
are also to be given a wage increase.
(ECOP v. NWCP, G.R. No. 96169, Sep.
24, 1991)
5. Deductions under Art. 114 for loss

or damage to tools, materials or
equipments
6. Deductions made with the written
authorization of the Ee for payment to
a third person. (Sec 13, Rule VIII, Book
III of the IRR)
7. Deductions as disciplinary measures
for habitual tardiness (Opinion dated
March 10, 1975 of the SLE)
8. Agency fees under Art. 248(e)
9. Deductions for value of meals and
facilities freely agreed upon
10. In case where the Ee is indebted to
the Er where such indebtedness has
become due and demandable. (Art.
1706, Civil Code)
11. In court awards, wages may be
subject of execution or attachment,
but only for debts incurred for food,
shelter,
clothing,
and
medical
attendance. (Art. 1703, Civil Code)
12. Salary deduction of a member of a
legally established cooperative. (R.A.
6938, Art. 59
What is the wage rate of an

apprentice?
Start at not less than 75% of the
statutory minimum wage for the 1st 6
months (except OJT); thereafter, shall
be paid in full minimum wage,
including the full COLA.
Note: Apprenticeship programs shall
be primarily voluntary.
What is the status of learners who
have been allowed or suffered
work during the first 2 months, if
training is terminated by the Er
before the end of the stipulated
period through no fault of the
learner?
They are deemed regular employees.
(Sec. 4, Rule VII, Book II, IRR)
What are the elements of Wage

Distortion?
1. An existing hierarchy of positions
with corresponding salary rates.
2. A significant change or increase in
the salary rate of a lower pay class
without a corresponding increase in
the salary rate of a higher one;
3. The elimination of the distinction
between the 2 groups or classes; and
4. The WD exists in the same region of
the country. (Alliance Trade Unions v.
NLRC, G.R. No. 140689, Feb. 17, 2004)
What
is
the
rule
in
wage
deductions?
General Rule: It is strictly prohibited
Exceptions:
1. Deductions under Art. 113 for
insurance premiums
2. Union dues in cases where the right
of the worker or his union to check off
has been recognized by the employer
(Er) or authorized in writing by the
individual worker concerned (Art.
113). Art. 241(o) provides that special
assessments may be validly checked
off provided that there is an individual
written authorization duly signed by
every employee (Ee).
3. Deductions for SSS, Medicare and
Pagibig premiums
4. Taxes withheld pursuant to the Tax
Code
Are piece-rate workers entitled to

the full benefit of the yearly 5 day
SIL?
It depends.
1. Yes. Provided:
a. They are working inside the
premises of the employer (Er) and
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b. Under the direct supervision of the
Er.
by an employee (Ee) within a calendar

year.
2. No. Provided:
What is R.A 8972?

It grants leave benefits to solo parents
to enable him/her to perform parental
duties and responsibilities where
physical presence is required.
What
is
the
no-spouse
employment policy?
General Rule:
1. Policy banning spouses from
working in the same company.
2. May not facially violate Art. 136 of
the
LC
but
it
creates
a
disproportionate effect and the only
way it could pass judicial scrutiny is by
showing that it is reasonable despite
the
discriminatory
albeit
disproportionate effect.
a. They are working outside the

premises of the Er
b. Hours spent in the performance of
work cannot be ascertained with
reasonable certainty
c. The are not under the direct
supervision of the Er
What are the requirements in
order that maternity benefits may
be claimed?
1. There is childbirth, abortion or
miscarriage
2. She has paid at least 3 monthly
contributions
Exception: Bona fide occupational

qualification rule (BFOQ)
What is the leave for victims of

violence
against
women
or
otherwise known as battered
woman leave?
A female employee who is a victim of
violence
(physical,
sexual,
or
psychological) is entitled to a paid
leave of 10 days in addition to other
paid leaves. (R.A. 9262, Anti VAWC
Act)
What is the BFOQ rule?

There must be a finding of any BFOQ
to justify an Ers no spouse rule. There
must be a compelling business
necessity for which no alternative
exist other than the discriminating
practice.
To justify a BFOQ the employer must
prove two factors:
1. That the employment qualification
is reasonably related to the essential
operation of the job involved; and
2. That there is a factual basis for
believing that all or substantially all
persons meeting the qualification
would be unable to properly perform
the duties of the job. (Star Paper v.
Simbol, G.R. No. 164774, April 12,
2006)
What is P.D. 851?

A law requiring all employers to pay
their employees a 13th month pay
which is equivalent to 1/12 of the total
basic salary earned by an employee
within a calendar year.
What is 13th month pay or its
equivalent?
Additional income based on wage
required by P.D. 851 Requiring all
Employers to pay their Employees a
13th month pay which is equivalent to
1/12 of the total basic salary earned
What are the exceptions in the

employment of minors?
A. Below 15 yrs. Old
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1. The child works directly under the
sole responsibility of his parents, or
guardians who employ members of his
family, subject to the following
conditions:
a. Employment does not endanger the
childs safety, health and morals
b. Employment does not impair the
childs normal devt
c. Erparent or legal guardian provides
the child with the primary and/or
secondary education prescribed by the
Dept. of Education
2. The childs employment or
participation in public entertainment
or information through cinema,
theater, radio or television is essential
provided:
a. Employment contract is concluded
by the childs parents or legal
guardian,
b. With the express agreement of the
child concerned, if possible, and
c. The approval of DOLE, the following
must be complied with:
i. The employment does not involve
advertisement or commercials
promoting alcoholic beverages,
intoxicating drinks, tobacco and its by
products or exhibiting violence
ii. there is a written contract approved
by DOLE
iii. the conditions provided in the first
instance are met.
B. Above 15 but below 18 may be
employed in any nonhazardous work
C. Above 18 no prohibition
employment merely on the basis of

lack of work permit or certificate of
eligibility for employment. Any young
person aged 15 to below 18 years of
age may present copy of this DOLE
advisory to any employer, job
provider, government authority, or
his/her representative when seeking
employment
or
anytime
during
employment
(DOLE
Department
Advisory No. 0108)
What is the two-tiered test?
1. The putative Ers power to control
the Ee with respect to the means and
methods by which the work is to be
accomplished; and
2. The underlying economic realities of
the activity or relationship.
Note: This twotiered test would
provide us with a framework of
analysis, which would take into
consideration
the
totality
of
circumstances surrounding the true
nature of the relationship between the
parties. This is especially appropriate
in this case where there is no written
agreement or terms of reference to
base the relationship on and due to
the complexity of the relationship
based on the various positions and
responsibilities given to the worker
over the period of the latters
employment. (Francisco vs. NLRC,
G.R. No. 170087, Aug. 31, 2006)
Is double or successive probation
allowed?
No. The evil sought to be prevented is
to discourage scheming employers
from using the system of double or
successive probation to circumvent
the
mandate
of
the
law
on
regularization and make it easier for
them to dismiss their employees.
(Holiday Inn Manila v. NLRC, G.R. No.
109114, Sep. 14, 2003)
What is the rule regarding the

issuance of work certificates/
permits for children at least 15
but below 18 years of age?
The issuance of a DOLE Certificate to
youth aged 15 to below 18 years of
age is not required by law. No
employer shall deny opportunity to
any
such
youth
applying
for
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employed will necessarily be the first
one to go. (Maya Farms Ees
Organization v. NLRC, G.R. No.
106256, Dec. 28, 1994)
Distinguish
between
job
contracting
and
labor
only
contracting
In job contracting, the contractor has
substantial capital or investment while
in labor only contracting there is no
substantial capital or investment. Job
contracting is permissible while labor
only contracting is prohibited by law.
Lastly, in job contracting the liability is
limited while in labor only contracting
the liability extends to all those
provided under the labor standards
law.
What is the difference between

redundancy and retrenchment?
In redundancy, company has no
financial
problems,
unlike
in
retrenchment where the company will
suffer financial losses.
What
are
the
forms
of
reinstatement?
1. Actual or physical the employee
(Ee) is admitted back to work
2. Payroll the Ee is merely reinstated
in the payroll
What
is
the
doctrine
of
incompatibility?
Where the employee has done
something
that
is
contrary
or
incompatible
with
the
faithful
performance
of
his
duties, his
employer has a just cause for
terminating his employment. (Manila
Chauffeurs League v. Bachrach Motor
Co., G.R. No. L-47071, June 17, 1940 )
What is constructive dismissal?

An involuntary resignation resorted to
when:
1. continued employment becomes
impossible, unreasonable, or unlikely
2. there is a demotion in rank or
diminution in pay or
3. clear discrimination, insensibility or
disdain by an Er becomes unbearable
to the Ee. (Leonardo v. NLRC, G.R.
No.125303, June 16, 2000)
4. Note: There is no formal dismissal.
The Ee is placed in a situation by the
Er
such
that
his
continued
employment has become unbearable.
Abandonment is incompatible with
constructive dismissal.
What are the authorized causes of

termination by the employer (Er)?
1. Installation of laborsaving devices
(automation/robotics)
2. Redundancy
3. Reorganization
4. Retrenchment
5. Closing or cessation of operation of
the establishment or undertaking
6. Disease
What is the last in first out
(LIFO) rule?
It applies in the termination of
employment in the line of work. What
is contemplated in the LIFO rule is that
when there are two or more Ees
occupying the same position in the
company
affected
by
the
retrenchment program, the last one
What are the limitations on

management prerogative?
The following are the limitations on
the exercise of management
prerogative:
1.) It must be exercised in good faith;
2.) It must not be tainted with unfair
labor practice;
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3.) The exercise of management
prerogative must be within the
limitations set by law;
4.) It must also be within the
limitations set by the Collective
Bargaining Agreement; and
5.) The exercise must be consistent
with the principles of fair play and
justice.
Who are excluded from R.A. 8291

or the GSIS Law?
Members of the Armed Forces of
the Philippines and the Philippine
National Police, subject to the
condition that they must settle first
their financial obligation with the GSIS,
and Contractuals who have no
employer and employee relationship
with the agencies they serve.
Can bonus be demanded?

General
Rule:
Bonus
is
not
demandable as a matter of right. It is
a management prerogative given in
addition to what is ordinarily received
by or strictly due to recipient.
(Producers Bank of the Phil. v. NLRC,
G.R. No. 100701, March 28, 2001)
Exceptions: Given for a long period of
time
What is the Limited Portability

Act?
An Act Insituting the limited
portability scheme in the social
security
insurance
systems
by
totalizing the workers creditable
services or contributions in each of the
systems
1. Consistent and deliberate Er

continued giving benefit without any
condition imposed for its payment
2. Er knew he was not required to give
benefit
3. Nature of benefit is not dependent
on profit
4. Made part of the wage or
compensation agreed and stated in
the employment contract.
Right to self-organization
Workers organize as a union or
some other form of association
(registered or unregistered)
Effect of registration with the
State:
Acquisition of legally
demandable rights, e.g. right to
demand collective bargaining
Organization must have rules
and mechanisms that respect
member rights
No
employer
influence
or
interference (See Article 249,
Labor Code)
Rules
on
Marriage
between
Employees
of
competitoremployers
Is a company policy prohibiting
marriage
between
co-workers
valid?
There must be a finding of a bona fide
occupational qualification (BFOQ) to
justify an Ers No Spouse Rule. There
must be a compelling business
necessity for which no alternative
exists other than the discriminating
practice. (Star Paper vs. Simbol, G.R.
No. 164774, April 12, 2006)
Who may exercise the right to

self-organization?
All
persons
employed
in
commercial, industrial and in
religious, charitable, medical or
educational institutions (profit
or non-profit)
Includes the right to
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Labor
choosing
2. Community of interest rule- the

substantial
and
mutuality
interests factor.
3. Prior
collective
bargaining
history
4. Employment status, such as:
a. Temporary
b. Seasonal
c. Probationary employee
Form
Join
Assist
organizations of their own
Who cannot form, join or assist

labor organizations?
a. Managerial employees
b. Confidential employees
c.
Government
employees,
including GOCCs with original charter
d.
employees
who
are
MEMBERS of a cooperative
e. employees of International
Organizations
or
Specialized Agencies which
are registered with the
United Nations and which
enjoy diplomatic immunity
f. Aliens without valid working
permits; or Aliens with
valid working permits but
are nationals of a country
which do not grant Filipinos
to exercise the right of selforganization and to join or
assist labor organizations.
What
are
the
methods
of
determining the bargaining unit?
1. Certification election- refers to
the process of determining
through secret ballot sole the
sole and exclusive bargaining
representative of the employees
in an appropriate bargaining
unit, for purposes of collective
bargaining.
2. Consent election.- refers to the
election voluntarily agreed upon
by the parties, with or without
the intervention of the of th4e
Department
of
Labor
and
Employment, to determine the
issue of majority representation
of all the workers in the
appropriate
collective
bargaining unit.
3. Voluntary
recognition
of
bargaining agent is the free and
voluntary act of the employer of
extending and conferring full
recognition to a union as the
sole and exclusive bargaining
representative of the employees
in the appropriate bargaining
unit, for purposes of collective
bargaining.
4. Run-off election.-refers to an
election between the receiving
the two (2) highest number of
votes when a certification
election which provides for
three (3) more choices res4lts in
no choice receiving a majority
What is a bargaining unit?

It is a group of employees of a given
employer, comprised of all or less than
all the entire body of the employees,
which, consistent with equity to the
employer, indicate to be best suited to
serve the reciprocal rights and duties
of the parties under the collective
bargaining provision of the law.
What
are
the
factors
in
determining
the
appropriate
bargaining unit?
1. Globe doctrine- the desires of all
the employees are relevant to
the
determination
of
the
appropriate bargaining unit.
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of
the
valid
votes
cast;
provided, that the total number
of votes for all contending
unions is at least fifty percent
50% union of the number of
votes cast.
5. Re-run election
bargaining agent of all the employees

in the bargaining unit.
What is affiliation?
The independent unions act of
entering into an agreement of
affiliation with a federation or national
union, or
What are the requirements of

voluntary recognition?
1. It is possible only in an
UNORGANIZED establishments;
2. Only ONE UNION is asking for
recognition; and
3. The
union
voluntarily
recognized
should
be
the
MAJORITY union as indicated by
the fact that members of the
bargaining unit did not object to
the projected recognition.
When
may
a
labor
union
disaffiliate?
General Rule: A labor union may
disaffiliate from the mother union to
form an independent union only during
the
60-day
freedom
period
immediately preceding the expiration
of the CBA.
Exception: Even before the onset of
the freedom period, disaffiliation may
still be carried out, but such
disaffiliation must be effected by a
majority of the union member in the
bargaining unit.
What are the requisites for

certification election in organized
establishments?
1. that a petition questioning
the majority status of the
incumbent bargaining agent
is filed before the DOLE
within
60-day
freedom
period;
2. that such petition is verified;
and
3. that the petition is supported
by the written consent of at
least twenty-five (25%) of all
employees in the bargaining
unit.
What is the Contract-Bar Rule?

The Bureau of Labor Relations shall
not
entertain
any
petition
for
certification election or any other
action
which
may
disturb
the
administration of duly registered
existing
collective
bargaining
agreements affecting the parties.
What
is
the
Substitutionary
Doctrine?
It is a principle in labor law which
states that even during the effectivity
of a collective bargaining agreement
executed between the employer and
employees thru their agent, the
employees can change said agent BUT
THE CONTRACT CONTINUES TO BIND
THEM UP TO ITS EXPIRATION DATE.
The principle applies to a situation
when there occurs a shift in
employees union allegiance after the
What is the distinction between

consent election and certification
election?
Consent election is a separate and
distinct process and has nothing to do
with the important and effort of a
certification election in the sense that
the purpose of the latter is to
determine the sole and exclusive
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execution of a collective bargaining
contract.
such agreement and executing a

contract
incorporating
such
agreements if requested by either
party but such duty does not compel
any part to agree to a proposal or to
make any concession.
What are union dues?

Regular monthly contribution paid by
the members to the union in exchange
for the benefits given to them by the
CBA and to finance the activities of the
union in representing them.
What is the duty to bargain

collectively where no CBA exists?
What are the requirements for

validity of agency fees?
1. The employees is part of the
bargaining unit;
2. He is not a member of the
union; and
3. He partook of the benefits of
the CBA.
Note:
Individual
written
authorization is not necessary for
the collection of agency fees.
The performance of a mutual

obligation:
1. To meet, convene, and confer
promptly and expeditiously in
good faith for the purpose of
negotiating an agreement with
respect to wages, hours of work
and all other terms and
conditions
of
employment,
including proposals for adjusting
any grievances or questions
arising under such agreement;
and
2. To
execute
a
contract
incorporating such agreements
if requested by either party.
What are the requirements for

special assessments?
1. There must be a written
resolution
2. The resolution must have been
approved by a majority of all
the members; and
3. The approval must be at a
general membership meeting
duly called for that purpose
4. The
secretary
of
the
organization shall record the
minutes of the meeting.
What is the duty to bargain

collectively where CBA exists?
When there is a collective bargaining
agreement, the duty to bargain
collectively shall also mean that
neither party shall terminate or modify
such agreement during its lifetime.
However, either party can serve a
written notice to terminate or modify
the agreement at least sixty (60) days
prior to its expiration date. It shall be
the duty of both parties to keep the
status quo and to continue in full force
and effect the terms and conditions of
the existing agreement during the 60day period and/or until a new
agreement is reached by the parties.
What is the right to Collective

Bargaining?
It is the obligation to meet and
convene promptly and expeditiously in
good faith for the purpose of
negotiating an agreement with respect
to wages, hours of work and all other
terms and conditions of employment
including proposals for adjusting any
grievances or questions arising under
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What is Collective Bargaining
Agreement?
It refers to the negotiated contract
between
a
legitimate
labor
organization
and
the
employer
concerning wages, hours of work and
all other terms and conditions of
employment in a bargaining unit. The
CBA is deemed the law between the
parties during its lifetime. Itys
provisions are construed liberally.
Note:
All
grievances
submitted
to
the
grievance
machinery which are not settled
within seven (7) calendar days
from the date of their submission
shall automatically be referred to
voluntary arbitration prescribed in
the CBA.
What is voluntary arbitration?
It is a contractual proceeding where
parties to a dispute select a judge of
their own choice and by consent
submit their controversy to him for
determination.
What
are
the
mandatory
provisions of CBA?
The mandatory provisions of the
CBA are:
1. Grievance machinery
2. Voluntary arbitration
What is the scope of the Labor

Management Council?
It deals with the employer on matters
affecting
the
employees
rights,
benefits and welfare.
What is grievance machinery?

Grievance machinery refers to the
mechanism for the adjustment and
resolution of grievances arising from
the interpretation or implementation
of a CBA and those and those arising
from interpretation or enforcement of
company personnel policies. It is a
part of the continuing process of
collective bargaining.
What is the duration of the CBA

for economic and non-economic
provisions?
Provisions
with
respect
to
representation shall be for a term of 5
years which means that no petition
questioning the majority status of the
incumbent bargaining agent shall be
entertained
by
DOLE
and
no
certification
election
shall
be
conducted outside of the 60-day
freedom period.
All other provisions except
representation shall be renegotiated
not later that three (3) years after its
execution.
What is grievance procedure?

Grievance procedure refers to the
internal rules of procedure established
by the parties in their CBA with
voluntary arbitration as the 6terminal
step, which are intended to resolve all
issue arising from the implementation
and interpretation of their CBA. It is
refers to the system of grievance
settlement at the plant level as
provided in the collective bargaining
agreement. It is usually consists of
successive steps starting at the level
of the complainant and his immediate
supervisor
and
ending,
when
necessary, at the level of the top
union and company officials.
What is the Freedom Period?

It refers to the last sixty (60) days of
the lifetime of a collective bargaining
agreement immediately prior to its
expiration is called the freedom
period. It is so called because it is
only the time when the law allows the
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parties to serve notice to terminate,
alter
or
modify
the
existing
agreement. It is also the time when
the majority status of the bargaining
union or agent may be challenged by
another union appropriate petition for
certification election.
It violates the right of workers to selforganization, is inimical to the

legitimate interest of both labor and
management, including their right to
bargain collective and otherwise deal
with each other in an atmosphere of
freedom and mutual respect, disrupts
industrial peace and hinders the
promotion of healthy and stable labormanagement relations.
What is the Automatic Renewal

Clause?
It refers to the time of the freedom
period, the employer shall continue to
recognize the majority status of the
incumbent bargaining agent where not
petition for certification election is
filed.
What are the natures of unfair

labor practice?
1. It is a criminal offense against
the State.
2. It violates civil rights of both
labor and management.
3. It violates the constitutional
right
of
workers
to
selforganization.
4. It is inimical to the legitimate
interests of both labor and
management.
5. It disrupts industrial peace
6. It hinders the promotion of
healthy
and
stable
labormanagement
relations
and
mutual respect.
What is a Union Security Clause?

It is a stipulation in the CBA whereby
the management recognizes, that the
membership of employees in the
union which negotiated said should be
maintained and continued as a
condition for employment or retention
of employment. The obvious purpose
is to safeguard and ensure the
continued existence of the union.
What are the kinds of Union
Security Clause?
(1) Closed shop agreement;
(2) Maintenance of membership
agreement;
(3) Union shop agreement;
(4)
Modified
union
shop
agreement;
(5)
Exclusive
bargaining
agreement;
(6) Bargaining for members only
agreement;
(7) Agency shop agreement;
(8)
Preferential
hiring
agreement.
What
are
the
unfair
practices in CBA?
1. Bargaining in bad faith
2. Refusal to bargain
3. Individual bargaining
4. Blue sky bargaining
5. Surface bargaining
labor
What are the ULP of employers?

1. To interfere with, restrain or
coerce
employees
in
the
exercise of their right to self
organization;
2. To require as a condition of
employment that a person or an
employee shall not join labor
organization or shall withdraw
from one to which he belongs;
What is the concept of unfair

labor practice?
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3. To contract out services or
functions being performed by
union when such will interfere
with, restrain coerce employees
in the exercise of their rights to
selforganizations;
4. To initiate, dominate, assist or
otherwise interfere with the
formation or administration of
any
labor
organization,
including the giving of financial
or other support to it or its
organizers or supporters;
5. To discriminate in regard to
wages, hours of work and other
terms
and
conditions
of
employment
in
order
to
encourage
or
discourage
membership
in
any
labor
organization. Nothing in this
Code or in any other law shall
stop the parties in requiring
membership in a recognized
collective bargaining agent as a
condition
for
employment,
except those employees who
are already members of another
union at the time of the signing
of the collective bargaining
agreement. Employees of an
appropriate bargaining unit who
are not already members of the
recognized collective bargaining
agent may be assessed a
reasonable fee equivalent to the
dues and other fees paid by
members of the recognized
collective bargaining agent,, if
such
non-union
members
accept the benefits under the
collective
bargaining
agreement: Provided, that the
individual authorization required
under Article 242, paragraph (0)
of this shall not apply to the
non-members of the recognized
collective bargaining agent.
6. To dismiss, discharge or other

wise prejudice or discriminate
against an employee for having
given or being about to give
testimony under this Code;
7. To violate the duty to bargain
collectively as prescribed by
this Code;
8. To pay negotiation or attorneys
fees to the union or its officers
or agents as part of the
settlement of any issue in
collective bargaining or any
other dispute; or
9. To
violate
a
collective
bargaining agreement.
What are the ULP of Labor
Organizations?
1. To restrain or coerce employees
in the exercise of their right to
self-organization. However, a
labor organization shall have
the right to prescribe its own
rules with respect to the
acquisition or retention of
membership.
2. To
cause
or
attempt
an
employer
to
discriminate
against an employee with
respect to whom membership in
such organizations has been
denied
or
terminate
an
employee on any other than the
usual terms and conditions
under which membership or
continuation of membership is
made
available
to
other
members.
3. To violate the duty, or refuse to
bargain collectively with the
employer, provided it is the
representative
of
the
employees.
4. To cause or attempt to cause an
employer to pay or deliver or
agree to pay or deliver any
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money or other things of value,
in the nature of an exaction, for
services
which
are
not
performed
or
not
to
be
performed,
including
the
demand for fee for union
negotiations;
5. To ask for or accept negotiations
or attorneys fees from part of
the settlement of any issue in
collective bargaining or any
other dispute; or
6. To violate collective bargaining
agreement.
1. Strike.- Any temporary stoppage

of work by the concerted action
of the employees as a result of
an industrial or labor dispute. It
consists not only of concerted
work
stoppages
but
also
showdown,
mass,
leaves,
sitdowns, attempts to damage,
destroy or sabotage plant
equipment and facilities and
similar activities.
2. Lockout.- Any temporary refusal
of an employer to furnish work
as a result of an industrial or
labor dispute.
What is the Totality of Conduct

Doctrine?
Expressions
of
opinion
by
an
employer, may be held to be
constitutive of unfair labor practice
because of the circumstances under
which they were uttered, the history of
the
particular
employers
labor
relations or anti-union bias or because
of their connection with an established
collateral
plan
of
coercion
or
interference. An expression which
might be permissibly uttered by one
employer, might, in the mouth of more
hostile employer, be deemed improper
and consequently actionable as an
unfair labor practice.
3. Industrial or labor dispute.- It

includes any controversy or
matter concerning terms and
condition of employment or the
association or representation of
persons in negotiating, fixing
maintaining,
changing
or
arranging
the
terms
and
conditions
of
employment,,
regardless of whether the
disputants
stand
in
the
proximate relation of employer
and employee.
What are forms of strikes?
1. Legal strike-one called for a
valid purpose and conducted
through means allowed by law.
2. Illegal strike-one staged for a
purpose not recognized by law,
or, if for a valid purpose,
conducted through means not
sanctioned by law.
3. Economic strike-one declared to
demand higher wages, overtime
pay, holiday pay, vacation pay,
etc. It is one declared the
purpose of forcing wage or
other concessions from the
What is the Yellow Dog Contract?

A yellow dog contract is an agreement
which exacts from workers as a
condition of employment, that they
shall not join or belong to a labor
organization, or attempt to organized
one,
during
their
period
of
employment or that they shall
withdraw therefrom, in case they are
already
members
of
a
labor
organizations.
What are the forms of concerted
activities?
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4.
5.
6.
7.
employer which he is not

required by law to grant.
ULP strike-one called to protest
against the employers acts of
unfair
labor
practice
enumerated in Article 248 of
the Labor Code as amended,
including gross violation of the
collective bargaining agreement
(CBA) and union-busting.
Slow down strike-one stage
without the workers quitting t
heir work but by merely
slackening or by reducing their
normal work output.
Wildcat strike-one declared and
staged without the majority
approval of the recognized
bargaining agent.
Sit down strike- one where the
workers stop working but do not
leave their place of work.
a. Majority approval of strike or

lockout is required
b. Strike vote still necessary
even in case of unionbusting.
What are the requisites of a lawful

strike?
1. Valid and final factual ground
a. Valid grounds: (1) CBA
Deadlock; and (2) ULP
b. No
other
grounds
are
allowed except the two
mentioned above.
2. Notice of strike or notice of
lockout
a. When to file notice:
ULP: 15 days from intended date of
strike/lockout
CBA Deadlock: 30 days from the
intended date thereof
a. Parties who may file notice:
Any certification union, in
case of strike; and employer
in case of lockout.
b. Where to file notice-NCMB
3.
Strike vote or lockout vote
4.
Strike vote report or lockout

vote report
a. When to submit strike or
lockout vote report-at lest
seven (7) days prior to strike
lockout, as the case may be.
b. Effect of none-submission of
strike vote NCMB, DOLEstrike or lockout is illegal
c. Effect on seven-day waiting
period if filed within coolingoff period.
d. Strike vote report in case of
union-busting-still necessary,
it being mandatory unlike
the cooling-off period which
may be dispensed with.
5.
Cooling off-period
a. General rule: CBA Deadlock30 days; ULP: 15 days
b. Exceptions in the case of
union-busting:
Cooling-off
period need not be complied
with.
c. When Cooling-off periods
starts-from the time the
notice of strike/lockout is
filed with NCMB, DOLE.
6.
7-day waiting period or strike

ban
a. Cooling-off
period
and
waiting and waiting period
distinguished. Waiting period
is counted from the time of
submission of strike vote
report to NCMB; Cooling-off
period is counted from the
filing
of
Notice
of
Strike/Lockout with NCMB.
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b. Purpose of the seven-day
waiting period- To ensure
that the strike votes vote
was indeed taken and that
the majority approved of it.
c. Deficiency of even one-day
of the seven-day strike ban
(or cooling-off period) is
fatal. Hence, the strike is
illegal.
6.
7.
Summary of principles governing

strikes:
1. A strike or lockout is illegal if
any
of
the
legal
requirements
(enumerated
above) is not complied with.
Procedural requirements are
mandatory.
it is based on non-strikeable
issues (e.g., inter-union or
intra-union disputes or wage
distortion).
the issues involved are
already
subject
of
compulsory
or
voluntary
arbitration or conciliation or
the steps of
grievance
machinery
are
not
exhausted.
unlawful
means
were
employed or prohibited acts
practices were committed
(e.g., Use of force, violence,
threats,
coercion,
etc.;
Barricades, blockades, and
obstruction
of
ingress
[entrance] or egress from
[exit]
the
company
premises).
the notice of strike or notice
of
lockout
in
already
8.
9.
converted into a preventive

mediation case.
A strike or lockout is illegal if
staged in violation of the
Not Strike, No Lockout
cause in the collective
bargaining agreement.
staged
in
violation
of
temporary restraining order
or
an
injunction
or
assumption or certification
order.
A strike is illegal if staged by
a minority union.
conducted
for
unlawful
purpose/s (e.g., Strike to
compel
dismissal
of
employee;
Unionrecognition-strike)
What are the tests in determining

the legality of strikes?
1. Purpose Test (bargaining
deadlock
and/or
unfair
labor practice)
2. Compliance
with
Procedural and substantive
requirements of law
3. Notice of strike
4. 30/15-day
cooling-off
period
5. Strike vote
6. 7 day strike ban
7. Means employed test - A
strike may be legal at its
inception but eventually be
declared illegal if the strike
is
accompanied
by
violence which violence is
widespread, pervasive and
adopted as a matter of
policy and not merely
violence which is sporadic
which normally occur in a
strike area.
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order. If one had already taken place
at the time of assumption, all striking
or
lockout
employees
shall
immediately return to work and the
employer shall immediately resume
operations and re-admit all workers
under the same terms and conditions
prevailing before the strike or lockout.
The
Secretary
of
Labor
and
Employment may seek the assistance
of law enforcement agencies to ensure
compliance with this provision as well
as he may issue to enforce the same.
The mere issuance of an assumption
order by the Secretary of Labor
automatically carries with it a return to
work order, even if the directive to
return to work is not expressly stated
in the assumption order. Those who
violate the foregoing shall be subject
to disciplinary action or even criminal
prosecution.
Under Art. 264 of the Labor
Code, no strike or lockout shall be
declared after the assumption of
jurisdiction by the Secretary.
Power of Sec. of Labor is
plenary and discretionary. (St. Lukes
Medical Center vs. Torres, 29 June
1993)
What are the requisites for a valid

picketing?
1. It should be exercised by the
workers with dues respect
for the rights of others.
2. It must not be accompanied
by violence, coercion, or
intimidation.
3. It must not obstruct or close
points of entry or exit in
company premises.
What are the conditions for a
valid exercise of the assumption
of jurisdiction authority?
1. Both parties must have
requested
the
DOLE
Secretary
to
assume
jurisdiction over the labor
dispute; or
2. After a conference called by
the DOLE Secretary on the
propriety of the issuance of
the
Assumption
or
Certification Order, motu
proprio or upon request or
petition by either party to
the labor dispute.
Note: The DOLE Secretary may
either:
What are the implications of the

defiance of return to work order in
a strike case which is under the
assumption of jurisdiction?
In
the
case
of
Telefunken
Semiconductors Employees Union FFW
v. CA, G.R. No. 143013-14, December
18, 2000, the Supreme Court held that
the strike of the Union cannot be
viewed as anything but illegal for
having been staged in open and
knowing defiance of the assumption
and
return-to-work
orders.
The
necessary consequence thereof are
also detailed by the Supreme Court in
its various rulings. In Marcopper
1. Assume
jurisdiction
and decide it; or
2. Certify the same to
the
NLRC
for
compulsory
arbitration.
What are the legal implications of
an Assumption Order of the
Secretary?
Under Art. 263(g) of the Labor Code,
such assumption shall have the effect
of
automatically
enjoining
the
intended or impending strike or
lockout as specified in the assumption
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Mining Corp. v. Brillantes (254 SCRA
595), the High Tribunal stated in no
uncertain terms that by staging a strike after
the assumption of jurisdiction or
certification
for
arbitration,
workers forfeited their right to
be readmitted to work, having
abandoned their employment,
and
so
could
be
validly
replaced.
with certain requirements of

the law, to wit: notice of
strike, vote, and report on
strike vote.
3. SYMPATHETIC STRIKESare
work
stoppages
of
workers of one company to
make common cause with
other
strikers
of
other
companies, without demands
or grievances of their own
against
the
employer.
ILLEGAL - because there is
no labor dispute between the
workers who are joining the
strikers and the latters
employer.
4. SECONDARY STRIKES- are
work stoppages of workers of
one
company
to
exert
pressure on their employer
so that the latter will in turn
bring pressure upon the
employer
of
another
company with whom another
union has a labor dispute.
ILLEGAL- because there is no
labor dispute involved.
5. WELGA NG BAYAN
ILLEGAL because it is a
political strike and therefore
there is neither a bargaining
deadlock nor any ULP. It is a
political rally.
Who are the strikers who are not

entitled to reinstatement?
1. Union officers who knowingly
participate in an illegal strike;
and
2. Any striker/union member who
knowingly participates in the
commission of illegal acts
during the strike.
Note:
Those union members
who joined an illegal strike but
have not committed any illegal
act shall be reinstated but
without any backwages.
What
are
considered
illegal
strikes?
1. SIT-DOWN STRIKE - is
characterized
by
a
temporary work stoppage of
workers who thereupon seize
or occupy property of the
employer or refuse to vacate
the
premises
of
the
employer. ILLEGAL- amounts
to a criminal act because the
employees trespass on the
premises of the employer.
2.
WILDCAT STRIKE- is a
work stoppage that violates
the labor contract and is not
authorized by the union.
ILLEGAL- It is not valid
because it fails to comply
Discuss the liability of union

officers.
Where the acts of labor unions and
their members are unlawful and
tortuous, the officers participating in
such unlawful actions are liable for the
resulting damages irrespective of the
fact that they were acting in behalf of
the union. Officers of labor unions are
also liable for unlawful and tortuous
acts done pursuant to a conspiracy to
which unions are a party.
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What is the liability of members of

labor organizations?
Members of labor unions are not
subject to civil liability for the acts of
the unions or its officers as such,
unless it is shown that they personally
authorized or participated in the
particular acts, and the liability of a
member of a labor union for the
wrongful acts of his associates done
without his knowledge or approval is
not to be inferred from mere
membership in the union. However,
members of a labor union are liable for
damages resulting from particular
unlawful acts which they participated
in or which are performed at their
direction or pursuant to a delegation
of authority by them.
2.
3.
What is Innocent Bystander

Rule?
An innocent bystander, who seeks to
enjoin a labor strike, must satisfy the
court that aside from the grounds
specified in Rule 58 of the Rules of
Court, it is entirely different from,
without any connection whatsoever to,
either party to the dispute and,
therefore, its interests are totally
foreign to the context thereof (MFS
Tire and Rubber, Inc. vs. CA).
4.
5.
What are the JUST CAUSES FOR

DISMISSAL?
1. Serious
MISCONDUCT
OR
WILLFUL DISOBEDIENCE by the
employee of the lawful orders of
his employer or representative
in connection with his work;
Misconduct- transgression
of some established and
definite rule of action, a
forbidden act, a dereliction
of duty, willful in character,
and implies wrongful intent
and not mere error in
judgment. (Dept. of Labor
Manual, Sec. 4353.01)
Gross and habitual NEGLECT by
the employee of his duties;
FRAUD OR WILLFUL BREACH by
the employee of the trust
reposed in him by his employer
or duly organized representative
Fraud must be committed
against the employer or
his representative and in
connection
with
the
employees work. (Dept. of
Labor
Manual,
Sec.
4353.01 [3])
Commission of a CRIME OR
OFFENSE BY THE EMPLOYEE
AGAINST THE PERSON OF HIS
EMPLOYER or any immediate
member of his family or his duly
authorized representative; and
Conviction or prosecution
is not required.
Other causes ANALOGOUS to
the foregoing.
A cause must be due to
the voluntary or willful act
or
omission
of
the
employee.
(Nadura
v.
Benguet
Consolidated,
G.R. No. L-17780)
Which of the following has only exclusive and original jurisdiction?

a. Secretary of Labor and Employment
b. Labor Arbiters
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c. The National Labor Relations Commission
d. Secretary of the Bureau of Labor Relations
The NLRC exercises original jurisdiction over the following cases, except:
a. Injunction in strikes or lockouts under Article 264 of the Labor Code.
b. Certified labor disputes causing or likely to cause a strike or lockout in an
industry indispensable to the national interest, certified to it by the Secretary
of Labor and Employment for compulsory arbitration.
c. Cases decided by the DOLE Regional Directors or his duly authorized
Hearing Officers (under Article 129) involving recovery of wages, simple
money claims and other benefits not exceeding P5,000 and not accompanied
by claim for reinstatement.
d. Injunction in ordinary labor disputes to enjoin or restrain any actual or
threatened commission of any or all prohibited or unlawful acts or to require
the performance of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or irreparable damage
to any party.
The following falls within the jurisdiction of the labor arbiter, except:
a. Cases that workers may file involving wages, rates of pay, hours of work and
other terms and conditions of employment, if accompanied with claim for
reinstatement;
b. Counter-Claims of employers against their employees;
Money claims arising out of employer-employee relationship or by virtue of
any law or contract, involving Filipino workers for overseas deployment,
including claims for actual, moral, exemplary and other forms of damages as
provided by Section 10 of RA 8042, as amended by RA 10022;
c. Injunction in strikes or lockouts under Article 264 of the Labor Code.
d. Wage distortion disputes in unorganized establishments not voluntarily
settled by the parties pursuant to Republic Act No. 6727
The following are the requisites in order for the DOLE Regional Director to
assume jurisdiction over claims for recovery of wages, except
a. the claim must arise from employer-employee relationship;
b. the aggregate money claim of each employee does not exceed P5,000.00.
c. the claimant does not seek reinstatement;
d. posting of cash or surety bond, if judgment involves monetary award.
Which of the following cases does not fall within the appellate jurisdiction
of the DOLE Secretary?
a. Orders issued by the duly authorized representative of the Secretary of Labor
and Employment under Article 128 (Visitorial and Enforcement Power) may
be appealed to the latter.
b. Decisions of the Med-Arbiter in certification election cases are appealable to
the DOLE Secretary.
c. All unresolved grievances arising from the interpretation and implementation
of the productivity incentive programs under RA 6791
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d. Denial of application for union registration or cancellation of union
registration originally rendered by the Bureau of Labor Relations (BLR) may
be appealed to the Secretary of Labor and Employment.
Which of the following cases does the Bureau of Labor Relations exercise
exclusive and original jurisdiction?
a. Intra-union conflicts
b. Inter-union conflicts
c. Other related labor relations disputes
d. All of the above
All of the following are the requisites of Rule of Forum on Non Conveniens,
except:
a. That the Philippine court has or is likely to have power to enforce its decision
b. That the Philippine court is one to which the parties may conveniently resort
to
c. That the foreign government grants the same rights to Filipino citizens
abroad
d. That the Philippine court is in a position to make an intelligent decision as to
the law and the facts
The following are the administrative functions of the Bureau of Labor
Relations, except:
a. Maintenance of a file of Collective Bargaining Agreements
b. Maintenance of a file of all settlement or final decisions of the Secretary of
Labor
c. Regulation of registration of the labor unions
d. Keeping of a registry of labor unions
What
a.
b.
c.
d.
is the nature of the proceedings before a Voluntary Arbitrator?

Administrative
Non-litigious
Disciplinary
Civil
How many days does the grievance machinery have to settle the issue
before it shall be submitted for voluntary arbitration?
a. 15 days
b. 30 days
c. 5 days
d. 7 days
The decision of the Voluntary Arbitrator shall be appealable to the Court of
Appeals via:
a. Petition for Certiorari under Rule 65
b. Appeal by Certiorari under Rule 45
c. Petition for Review under Rule 43
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3:14
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in LABOR LAW
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d. Petition for Review under Rule
i.
42
j.
e.
k.
f.
l.
g.
m.
h.
n.
a. THE BARRISTERS CLUB
o.
OFFICERS
p.
q.
c. ABBYGAILE T.
b. Chancellor:
r.
GONZALES
d. Vice
s.
e. ROMEL L. BASILAN
f.
Chancellor:
Secretary:
h. Treasurer:
g. JESSA ALYSSA G. REYES

i. MILDRED P. AMBROS
j. PRO:
k. ROBYN B. DELA PENA
l. PRO:
m. AARON JAMES E. CO
n. Business
Manager:
p. Business
Manager:
r. SSG
Representa
t. Ex-Officio:
v. Adviser:
x. Dean,
o. RUDDY ALLEN N. YEE

q. LESLIE D. RAGUINDIN
s. ANNE LUCILLE B. RUIZ
u. RONA B. ESTRADA
w. ATTY. ISAGANI G.
CALDERON
y. ATTY. REYNALDO U.
AGRANZAMENDEZ
College of
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Labor

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in LABOR LAW

Prepared by: The Barristers Club

2. Such that the latter was convinced

Sec. 3, Art. XIII

Who is an overseas Filipino

What are the essential elements

prize of the high calling of God

4. The employers family members who

What is the rule on remittance of

Exception: During meal period or

prize of the high calling of God

5. Deductions under Art. 114 for loss

What is the wage rate of an

What are the elements of Wage

Are piece-rate workers entitled to

prize of the high calling of God

by an employee (Ee) within a calendar

What is R.A 8972?

a. They are working outside the

Exception: Bona fide occupational

What is the leave for victims of

What is the BFOQ rule?

What is P.D. 851?

What are the exceptions in the

prize of the high calling of God

employment merely on the basis of

What is the rule regarding the

prize of the high calling of God

What is the difference between

What is constructive dismissal?

What are the authorized causes of

What are the limitations on

prize of the high calling of God

Who are excluded from R.A. 8291

Can bonus be demanded?

What is the Limited Portability

1. Consistent and deliberate Er

Who may exercise the right to

prize of the high calling of God

2. Community of interest rule- the

Who cannot form, join or assist

What is a bargaining unit?

prize of the high calling of God

bargaining agent of all the employees

What are the requirements of

What are the requisites for

What is the Contract-Bar Rule?

What is the distinction between

prize of the high calling of God

such agreement and executing a

What are union dues?

What is the duty to bargain

What are the requirements for

The performance of a mutual

What are the requirements for

What is the duty to bargain

What is the right to Collective

prize of the high calling of God

What is the scope of the Labor

What is grievance machinery?

What is the duration of the CBA

What is grievance procedure?

What is the Freedom Period?