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LABOR STANDARDS
Estrellita G. Salazar vs Philippine Duplicators, Inc, G.R. No. 154628
December 6, 2006
The constitutional policy to provide full protection to labor is not meant to be
a sword to oppress employers. The commitment under the fundamental law
is that the cause of labor does not prevent us from sustaining the employer
when the law is clearly on its side.
People of the Philippines vs. Teresita Tessie Laogo. G.R. No.
176264 January 10, 2011
Article 38(a) of the Labor Code, as amended, specifies that recruitment
activities undertaken by non-licensees or non-holders of authority are
deemed illegal and punishable by law. When the illegal recruitment is
committed against three or more persons, individually or as a group, then it
is deemed committed in large scale and carries with it stiffer penalties as the
same is deemed a form of economic sabotage. But to prove illegal
recruitment, it must be shown that the accused, without being duly
authorized by law, gave complainants the distinct impression that he had the
power or ability to send them abroad for work, such that the latter were
convinced to part with their money in order to be employed. It is important
that there must at least be a promise or offer of an employment from the
person posing as a recruiter, whether locally or abroad.
SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No.
170139, August 5, 2014
In Serrano v. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc.,
this court ruled that the clause "or for three (3) months for every year of the
unexpired term, whichever is less" is unconstitutional for violating the equal
protection clause and substantive due process.
A statute or provision which was declared unconstitutional is not a law. It
"confers no rights; it imposes no duties; it affords no protection; it creates no
office; it is inoperative as if it has not been passed at all."
When a law or a provision of law is null because it is inconsistent with the
Constitution, the nullity cannot be cured by reincorporation or reenactment
of the same or a similar law or provision. A law or provision of law that was
already declared unconstitutional remains as such unless circumstances
have so changed as to warrant a reverse conclusion.
Sycip, Gorres, Velayo & Company vs. Carol De Raedt. G.R. No.
161366; June 16, 2009
To determine the existence of an employer-employee relationship, case law
has consistently applied the four-fold test, to wit: (a) the selection and
engagement of the employee; (b) the payment of wages; (c) the power of
dismissal; and (d) the employers power to control the employee on the
means and methods by which the work is accomplished. The so-called
"control test" is the most important indicator of the presence or absence of
an employer-employee relationship.
Manila Water Company, Inc. vs. Jose J. Dalumpines. G.R. No. 175501;
October 4, 2010
It should be remembered that the control test merely calls for the existence
of the right to control, and not necessarily the exercise thereof. It is not
essential that the employer actually supervises the performance of duties of
the employee. It is enough that the former has a right to wield the power.
Macarthur Malicdem and Hermenigildo Flores vs. Marulas Industrial
Corporation. G.R. No. 204406; February 26, 2014
The test to determine whether employment is regular or not is the
reasonable connection between the particular activity performed by the
employee in relation to the usual business or trade of the employer.
KASAMMA-CCO v. Court of Appeals. G.R. No. 159828; April 19, 2006
A casual employee is only casual for one year, and it is the passage of time
that gives him a regular status.
Jose Y. Sonza vs. ABS-CBN Broadcasting Corporation, G.R. No.
138051, June 10, 2004
Television-radio talent is not an employee. Relationship of a big name talent
and a television-radio broadcasting company is one of an independent
contracting arrangement. ABS-CBN engaged Sonzas services specifically to
co-host the "Mel & Jay" programs. ABS-CBN did not assign any other work to
Sonza. To perform his work, Sonza only needed his skills and talent. How
Sonza delivered his lines, appeared on television, and sounded on radio were
outside ABS-CBNs control. Sonza did not have to render eight hours of work
per day. The Agreement required Sonza to attend only rehearsals and tapings
of the shows, as well as pre- and post-production staff meetings. ABS-CBN
could not dictate the contents of Sonzas script.
Gapayao v Fulo, et al., G.R. No. 193493 (2013)
Farm workers generally fall under the definition of seasonal employees. The
Court has consistently held that seasonal employees may be considered as
regular employees. Regular seasonal employees are those called to work
from time to time. The nature of their relationship with the employer is such
that during the off season, they are temporarily laid off; but reemployed
during the summer season or when their services may be needed. They are
in regular employment because of the nature of their job, and not because of
the length of time they have worked.
This rule, however, is not absolute. Seasonal workers who have worked for
one season only may not be considered regular employees. Also when
seasonal employees are free to contract their services with other farm
owners, then the former are not regular employees. For regular employees to
be considered as such, the primary standard used is the reasonable
connection between the particular activity they perform and the usual trade
or business of the employer.
FVR Skills and Services Exponents, Inc. (SKILLEX), et al. v. Jovert
Seva, et al., G.R. No. 200857, October 22, 2014
For an employee to be validly categorized as a project employee, it is
necessary that the specific project or undertaking had been identified and its
period and completion date determined and made known to the employee at
the time of his engagement. This provision ensures that the employee is
completely apprised of the terms of his hiring and the corresponding rights
and obligations arising from his undertaking. Notably, the petitioner's service
contract with Robinsons was from January 1 to December 31, 2008. The
respondents were only asked to sign their employment contracts for their
deployment with Robinsons halfway through 2008, when the petitioner's
service contract was about to expire.
Under Article 1390 of the Civil Code, contracts where the consent of a party
was vitiated by mistake, violence, intimidation, undue influence or fraud, are
voidable or annullable. The petitioner's threat of nonpayment of the
respondents' salaries clearly amounted to intimidation. Under this situation,
and the suspect timing when these contracts were executed, we rule that
these employment contracts were voidable and were effectively questioned
when the respondents filed their illegal dismissal complaint. Respondents are
thus regular employees.
Pasos v Philippine National Construction Corporation, G.R. No.
192394 (2013)
Project employee is deemed regularized if services are extended without
specifying duration. While for first three months, petitioner can be
acted in a malicious or arbitrary manner, the Court will not interfere with the
exercise of judgment by an employer. BPIs policy of contracting out
cashiering and bookkeeping services was considered as a valid exercise of
management prerogative which is further authorized by the Central Bank in
CBP Circular No. 1388, Series of 199.
Central Azucarera De Tarlac vs. Central Azucarera De Tarlac Labor
Union-NLU. G.R. No. 188949, July 26, 2010
Article 100 of the Labor Code, otherwise known as the Non-Diminution Rule,
mandates that benefits given to employees cannot be taken back or reduced
unilaterally by the employer because the benefit has become part of the
employment contract, written or unwritten. The rule against diminution of
benefits applies if it is shown that the grant of the benefit is based on an
express policy or has ripened into a practice over a long period of time and
that the practice is consistent and deliberate. Nevertheless, the rule will not
apply if the practice is due to error in the construction or application of a
doubtful or difficult question of law. But even in cases of error, it should be
shown that the correction is done soon after discovery of the error.
Netlink Computer Incorporated v Eric Delmo, G.R. No. 160827, 18
June 2014
With regard to the length of time the company practice should have been
observed to constitute a voluntary employer practice that cannot be
unilaterally reduced, diminished, discontinued or eliminated by the
employer, we find that jurisprudence has not laid down any rule requiring a
specific minimum number of years. In Davao Fruits Corporation v. Associated
Labor Unions, the company practice lasted for six years. In Davao Integrated
Port Stevedoring Services v. Abarquez, the employer, for three years and
nine months, approved the commutation to cash of the unenjoyed portion of
the sick leave with pay benefits of its intermittent workers. In Tiangco v.
Leogardo, Jr., the employer carried on the practice of giving a fixed monthly
emergency allowance from November 1976 to February 1980, or three years
and four months. In Sevilla Trading Company v. Semana, the employer kept
the practice of including non-basic benefits such as paid leaves for unused
sick leave and vacation in the computation of their 13th-month pay for at
least two years.
With the payment of US dollar commissions having ripened into a company
practice, there is no way that the commissions due to Delmo were to be paid
in US dollars or their equivalent in Philippine currency determined at the time
of the sales. To rule otherwise would be to cause an unjust diminution of the
commissions due and owing to Delmo.
Labor
Relations
present case where the security guards own refusal to accept a non-VIP
detail was the reason that he was not given an assignment within the sixmonth period. The security agency, Exocet, should not then be held liable for
constructive dismissal.
Philippine Sheet Metal Workers Union vs. CIR. G.R. No. L-2028; April
28, 1949
Reduction of the number of workers in a companys factory made necessary
by the introduction of machinery in the manufacture of its products is
justified. There can be no question as to the right of the manufacturer to use
new labor-saving devices with a view to effecting more economy and
efficiency in its method of production.
Oriental Petroleum & Minerals Corp. vs. Fuentes. G.R. No. 151818.
October 14, 2005
Standards to Justify Retrenchment:
The losses expected should be substantial and not merely de minimis
in
extent;
BPI v. BPI EMPLOYEES UNION DAVAO, G.R. No. 164301, October 19,
2011
By upholding the automatic assumption of the non-surviving corporations
existing employment contracts by the surviving corporation in a merger, the
Court strengthens judicial protection of the right to security of tenure of
employees affected by a merger and avoids confusion regarding the status
of their various benefits which were among the chief objections of our
dissenting colleagues. However, nothing in this Resolution shall impair the
right of an employer to terminate the employment of the absorbed
employees for a lawful or authorized cause or the right of such an employee
If the dismissal is based on a just cause under Article 282 but the employer
failed to comply with the notice requirement, the sanction to be imposed
upon him should be tempered because the dismissal process was, in effect,
initiated by an act imputable to the employee. On the other hand, if the
dismissal is based on an authorized cause under Article 283 but the
employer failed to comply with the notice requirement, the sanction should
be stiffer because the dismissal process was initiated by the employers
exercise of his management prerogative.
Tangga-an v Philippine Transmarine Carriers, Inc., et al., G.R. No.
180636 (2013)
Article 279 of the Labor Code mandates that an employees full backwages
shall be inclusive of allowances and other benefits or their monetary
equivalent. It is the obligation of the employer to pay an illegally dismissed
employee or worker the whole amount of the salaries or wages, plus all other
benefits and bonuses and general increases, to which he would have been
normally entitled had he not been dismissed and had not stopped working.
Reyes, et al. v RP Guardians Security Agency, Inc., G.R. No 193756
(2013)
Backwages and reinstatement are separate and distinct reliefs given to an
illegally dismissed employee in order to alleviate the economic damage
brought about by the employees dismissal. Reinstatement is a restoration
to a state from which one has been removed or separated while the
payment of backwages is a form of relief that restores the income that was
lost by reason of the unlawful dismissal. Therefore, the award of one does
not bar the other.
Crisanto F. Castro, Jr. vs Ateneo De Naga University, et al., G.R. No.
175293, 23 July 2014
The Court holds that the order of reinstatement of the petitioner was not
rendered moot and academic. He remained entitled to accrued salaries from
notice of the LA's order of reinstatement until reversal thereof. In Islriz
Trading v. Capada, we even clarified that the employee could be barred from
claiming accrued salaries only when the failure to reinstate him was without
the fault of the employer.
Considering that the respondents reinstated the petitioner only in November
2002, and that their inability to reinstate him was without valid ground, they
were liable to pay his salaries accruing from the time of the decision of the
LA (i.e., September 3, 2001) until his reinstatement in November 2002. It did
not matter that the respondents had yet to exercise their option to choose
As a general rule, an employee who has been dismissed for any of the just
causes enumerated under Article 282 of the Labor Code is not entitled to a
separation pay. In exceptional cases, however, the Court has granted
separation pay to a legally dismissed employee as an act of social justice
or on equitable grounds. In both instances, it is required that the dismissal
(1) was not for serious misconduct; and (2) did not reflect on the moral
character of the employee. In this case, the transgressions were serious
offenses that warranted employees dismissal from employment. Hence,
employee is not entitled to separation pay.
Agricultural and Industrial Supplies Corp. et al vs. Jueber P. Siazar,
G.R. No. 177970 August 25, 2010
In awarding separation pay to an illegally dismissed employee, in lieu of
reinstatement, the amount to be awarded shall be equivalent to one month
salary for every year of service reckoned from the first day of employment
until the finality of the decision. Payment of separation pay is in addition to
payment of backwages. And if separation pay is awarded instead of
reinstatement, backwages shall be computed from the time of illegal
termination up to the finality of the decision.
Zenaida Paz v Northern Tobacco Redrying Co., Inc., et al., G.R. No.
199554, 18 February 2015
The award of financial assistance to an employee who rendered almost three
decades of dedicated service to an employer without a single transgression
or malfeasance of any company rule or regulation, coupled with her old age
and infirmity which now weaken her chances of employment is justified and
allowed under special circumstances. These circumstances indubitably merit
equitable concessions, via the principle of compassionate justice for the
working class.
Central Pangasinan Electric Cooperative Inc. vs NLRC. G.R. No.
163561, July 24, 2007
Although long years of service might generally be considered for the award
of separation benefits or some form of financial assistance to mitigate the
effects of termination, this case is not the appropriate instance for generosity
under the Labor Code nor under our prior decisions. The fact that private
respondent served petitioner for more than twenty years with no negative
record prior to his dismissal, in our view of this case, does not call for such
award of benefits, since his violation reflects a regrettable lack of loyalty and
worse, betrayal of the company. If an employees length of service is to be
regarded as a justification for moderating the penalty of dismissal, such
gesture will actually become a prize for disloyalty, distorting the meaning of
social justice and undermining the efforts of labor to cleanse its ranks of
undesirables.
as there is only one fund from which said benefits would be taken.
Inarguably, Section 2 of Article XIV effectively disallows recovery of both
separation pay and retirement gratuity. Consequently, respondents are
entitled only to one. Since they have already chosen and accepted
redundancy pay and have executed the corresponding Release and
Quitclaim, they are now barred from claiming retirement gratuity.
Grace Christian High School, represented by its Principal, Dr. James
Tan v Filipinas A. Lavandera, G.R. No. 177845, 20 August 2014
RA 7641, which was enacted on December 9, 1992, amended Article 287 of
the Labor Code, providing for the rules on retirement pay to qualified private
sector employees in the absence of any retirement plan in the
establishment. The said law states that an employees retirement benefits
under any collective bargaining [agreement (CBA)] and other agreements
shall not be less than those provided under the same that is, at least onehalf () month salary for every year of service, a fraction of at least six (6)
months being considered as one whole year and that [u]nless the parties
provide for broader inclusions, the term one-half () month salary shall
mean fifteen (15) days plus one-twelfth (1/12) of the 13 th month pay and the
cash equivalent of not more than five (5) days of service incentive leaves.
The foregoing provision is applicable where (a) there is no CBA or other
applicable agreement providing for retirement benefits to employees, or (b)
there is a CBA or other applicable agreement providing for retirement
benefits but it is below the requirement set by law. Verily, the determining
factor in choosing which retirement scheme to apply is still superiority in
terms of benefits provided.
The Court, in the case of Elegir v. Philippine Airlines, Inc., has recently
affirmed that one-half () month salary means 22.5 days: 15 days plus 2.5
days representing one-twelfth (1/12) of the 13th month pay and the
remaining 5 days for [SIL]. The Court sees no reason to depart from this
interpretation. GCHS argument therefore that the 5 days SIL should be
likewise pro-rated to their 1/12 equivalent must fail.
Noriel R. Montierro v Rickmers Marine Agency Phils., Inc., G.R. No.
210634, January 14, 2015
When a seafarer sustains a work-related illness or injury while on board the
vessel, his fitness for work shall be determined by the company-designated
physician. The physician has 120 days, or 240 days, if validly extended, to
make the assessment. If the physician appointed by the seafarer disagrees
with the assessment of the company-designated physician, the opinion of a
third doctor may be agreed jointly between the employer and the seafarer,
whose decision shall be final and binding on them.
Sealanes Marine Services, Inc., et al. v Arnel G. Dela Torre, G.R. No.
214132, 18 February 2015
For the purpose of determining temporary total disability, the seafarer shall
submit himself to a post-employment medical examination by a companydesignated physician within three working days upon his return except when
he is physically incapacitated to do so, in which case, a written notice to the
agency within the same period is deemed as compliance. Failure of the
seafarer to comply with the mandatory reporting requirement shall result in
his forfeiture of the right to claim the above benefits. If a doctor appointed
by the seafarer disagrees with the assessment, a third doctor may be agreed
jointly between the employer and the seafarer. The third doctors decision
shall be final and binding on both parties.
LABOR RELATIONS
Sta. Lucia East Commercial Corporation vs. Hon. Secretary of Labor
and Employment, et al., G.R. No. 162355, August 14, 2009
Article 212(g) of the Labor Code defines a labor organization as any union or
association of employees which exists in whole or in part for the purpose of
collective bargaining or of dealing with employers concerning terms and
conditions of employment. Upon compliance with all the documentary
requirements, the Regional Office or Bureau shall issue in favor of the
applicant labor organization a certificate indicating that it is included in the
roster of legitimate labor organizations. Any applicant labor organization
shall acquire legal personality and shall be entitled to the rights and
privileges granted by law to legitimate labor organizations upon issuance of
the certificate of registration.
T&H Shopfitters Corporation/Gin Queen Corporation, et al. v T&H
Shopfitters Corporation Corporation/Gin Queen Workers Union, et
al., G.R. No. 191714 (2014)
The test of whether an employer has interfered with and coerced employees
in the exercise of their right to self-organization, is, whether the employer
has engaged in conduct which, it may reasonably be said, tends to interfere
with the free exercise of employees rights; and that it is not necessary that
there be direct evidence that any employee was in fact intimidated or
coerced by statements of threats of the employer if there is a reasonable
inference that the anti-union conduct of the employer does have an adverse
effect on self-organization and collective bargaining.
Inc.,
vs
DOLE.
G.R.
No.
Under Article 245 of the Labor Code, supervisory employees are not eligible
for membership in a labor union of rank-and-file employees. The supervisory
employees are allowed to form their own union but they are not allowed to
join the rank-and-file union because of potential conflicts of interest. Further,
to avoid a situation where supervisors would merge with the rank-and-file or
where the supervisors labor union would represent conflicting interests, a
local supervisors union should not be allowed to affiliate with the national
federation of unions of rank-and-file employees where that federation
actively participates in the union activity within the company. Thus, the
limitation is not confined to a case of supervisors wanting to join a rank-andfile union. The prohibition extends to a supervisors local union applying for
membership in a national federation the members of which include local
unions of rank-and-file employees.
San Miguel Foods, Inc. vs. San Miguel Corp. Supervisors and Exempt
Union. G.R. No. 146206. August 1, 2011
The general rule is that an employer has no standing to question the process
of certification election, since this is the sole concern of the workers. Law and
policy demand that employers take a strict, hands-off stance in certification
elections. The bargaining representative of employees should be chosen free
from any extraneous influence of management. The only exception is where
the employer itself has to file the petition pursuant to Article 258 of the
Labor Code because of a request to bargain collectively.
Holy Child Catholic School v Hon. Sto Tomas, et al., G.R. No. 179146
(2013)
A certification election is the sole concern of the workers, except when the
employer itself has to file the petition pursuant to Article 259 of the Labor
Code, as amended, but even after such filing its role in the certification
process ceases and becomes merely a bystander. The employer clearly lacks
the personality to dispute the election and has no right to interfere at all
therein.
Inclusion of supervisory employees in a labor organization seeking to
represent the bargaining unit of rank-and-file employees does not divest it of
its status as a legitimate labor organization.
NUWHRAIN MPHC v. SLE. G.R. No. 181531, July 31, 2009
It is wellsettled that under the double majority rule for there to be a valid
certification election, majority of the bargaining unit must have voted and
the winning union must have garnered majority of the valid votes cast.
Following the ruling that all the probationary employees votes should be
deemed valid votes while that of the supervisory Ees should be excluded, it
follows that the number of valid votes cast would increase. Under Art. 256 of
the LC, the union obtaining the majority of the valid votes cast by the eligible
voters shall be certified as the sole exclusive bargaining agent of all the
workers in the appropriate bargaining unit. This majority is 50% + 1.
Benguet Consolidated Inc. v. BCI Ees and Workers UnionPAFLU.
G.R. No. L24711, April 1968
The Er cannot revoke the validly executed CB contract with their Er by the
simple expedient of changing their bargaining agent. The new agent must
respect the contract. It cannot be invoked to support the contention that a
newly certified CB agent automatically assumes all the personal
undertakings of the former agentlike the no strike clause in the CBA
executed by the latter.
Takata Philippines Corporation vs Bureau of Labor Relations, G.R.
No. 196276, 4 June 2014
For the purpose of de-certifying a union such as respondent, it must be
shown that there was misrepresentation, false statement or fraud in
connection with the adoption or ratification of the constitution and by-laws or
amendments thereto, the minutes of ratification; or, in connection with the
election of officers, the minutes of the election of officers, the list of voters,
or failure to submit these documents together with the list of the newly
elected-appointed officers and their postal addresses to the BLR.
The bare fact that two signatures appeared twice on the list of those who
participated in the organizational meeting would not, to our mind, provide a
valid reason to cancel respondents certificate of registration. The
cancellation of a unions registration doubtless has an impairing dimension
on the right of labor to self-organization. For fraud and misrepresentation to
be grounds for cancellation of union registration under the Labor Code, the
nature of the fraud and misrepresentation must be grave and compelling
enough to vitiate the consent of a majority of union members.
Cirtek Employees Labor Union-Federation of Free workers vs. Cirtek
Electronics, Inc., G.R. No. 190515. June 6, 2011
A local union may disaffiliate at any time from its mother federation, absent
any showing that the same is prohibited under its constitution or rules. Such
disaffiliation, however, does not result in it losing its legal personality. A local
union does not owe its existence to the federation with which it is affiliated. It
is a separate and distinct voluntary association owing its creation to the will
of its members. The mere act of affiliation does not divest the local union of
its own personality, neither does it give the mother federation the license to
act independently of the local union. It only gives rise to a contract of agency
where the former acts in representation of the latter. In the present case,
whether the FFW went against the will of its principal (the memberemployees) by pursuing the case despite the signing of the MOA, is not for
the Court, nor for respondent employer to determine, but for the Union and
FFW to resolve on their own pursuant to their principal-agent relationship.
Moreover, the issue of disaffiliation is an intra-union dispute which must be
resolved in a different forum in an action at the instance of either or both the
FFW and the union or a rival labor organization, but not the employer as in
this case.
Legend International Resorts Limited v. Kilusang Manggagawa ng
Legenda. G.R. No. 169754, February 23, 2011
The pendency of a petition for cancellation of union registration does not
preclude collective bargaining, and that an order to hold a certification
election is proper despite the pendency of the petition for cancellation of the
unions registration because at the time the respondent union filed its
petition, it still had the legal personality to perform such act absent an order
cancelling its registration. The legitimacy of the legal personality of
respondent cannot be collaterally attacked in a petition for certification
election proceeding but only through a separate action instituted particularly
for the purpose of assailing it.
The Implementing Rules stipulate that a labor organization shall be deemed
registered and vested with legal personality on the date of issuance of its
certificate of registration. Once a certificate of registration is issued to a
bargaining unions exclusive bargaining status is effective only for five years
and can be challenged within sixty (60) days prior to the expiration of the
CBAs first five years.
Mindanao Terminal and Brokerage Services Inc., v. Confessor. G.R.
No. 111809, May 5, 1997
The signing of the CBA does not determine whether the agreement was
entered into within the 6 month period from the date of expiration of the old
CBA. In the present case, there was already a meeting of the minds between
the company and the union prior to the end of the 6 month period after the
expiration of the old CBA. Hence, such meeting of the mind is sufficient to
conclude that an agreement has been reached within the 6 month period as
provided under Art. 253A of the LC.
Teodoro S. Miranda, Jr. vs. Asian Terminals, Inc. and Court of
Appeals, G.R. No. 174316, June 23, 2009
A shop steward leads to the conclusion that it is a position within the union,
and not within the company. A shop steward is appointed by the union in a
shop, department, or plant and serves as representative of the union,
charged with negotiating and adjustment of grievances of employees with
the supervisor of the employer. He is the representative of the union
members in a building or other workplace. Blacks Law Dictionary defines a
shop steward as a union official elected to represent members in a plant or
particular department. His duties include collection of dues, recruitment of
new members and initial negotiations for the settlement of grievances. A
judgment of reinstatement of the petitioner to the position of union Shop
Steward would have no practical legal effect since it cannot be enforced.
Based on the requirements imposed by law and the APCWU-ATI CBA, and in
the nature of things, the subsequent separation of the petitioner from
employment with respondent ATI has made his reinstatement to union Shop
Steward incapable of being enforced.
Herminigildo Inguillom, et al. vs. First Philippine Scales, Inc., et al.
G.R. No. 165407, June 5, 2009
Union security is a generic term, which is applied to and comprehends
closed shop, union shop, maintenance of membership or any other
form of agreement which imposes upon employees the obligation to acquire
or retain union membership as a condition affecting employment. There is
union shop when all new regular employees are required to join the union
within a certain period as a condition for their continued employment. There
is maintenance of membership shop when employees, who are union
members as of the effective date of the agreement, or who thereafter
become members, must maintain union membership as a condition for
Evidently, the University can not be faulted for ULP as it in good faith merely
heeded the above-said request of Union members.
Salunga v. CIR. G.R. No. L22456, Sep. 27, 1967
Labor unions are not entitled to arbitrarily exclude qualified applicants for
membership and a closed shop applicants provision will not justify the
employer in discharging, or a union in insisting upon the discharge of an
employee whom the union thus refuses to admit to membership without any
reasonable ground thereof.
Phil. Can Co. v. CIR. G.R. No. L3021, July 13, 1950
A coercive measure resorted to by laborers to enforce their demands. The
idea behind a strike is that a company engaged in a profitable business
cannot afford to have its production or activities interrupted, much less,
paralyzed.
Hotel Enterprises of the Philippines, Inc., etc. vs. Samahan ng mga
Manggagawa sa Hyatt-National Union of Workers in the Hotel
Restaurant, etc., G.R. No. 165756, June 5, 2009
The requisites for a valid strike are:
(a) a notice of strike filed with the DOLE 30 days before the intended date
thereof or 15 days in case of ULP;
(b) a strike vote approved by a majority of the total union membership in the
bargaining unit concerned obtained by secret ballot in a meeting called for
that purpose; and
(c) a notice to the DOLE of the results of the voting at least seven (7) days
before the intended strike. The requirements are mandatory and failure of a
union to comply therewith renders the strike illegal.
Club Filipino, Inc., et al. v Benjamin Bautista, et al., G.R. No. 168406,
January 2015
The Implementing Rules of the Labor Code states the companys counterproposal shall be attached to the notice of strike "as far as practicable." In
this case, attaching the counter-proposal of the company to the notice of
strike of the union was not practicable. It was absurd to expect the union to
produce the company's counter-proposal which it did not have. Indeed,
compliance with the requirement was impossible because no counterproposal existed at the time the union filed a notice of strike.
Jackbilt Industries, Inc. Vs. Jackbilt Employees Workers Union-NafluKMU, G.R. No. 171618-19, March 13, 2009
Article 264(e) of the Labor Code prohibits any person engaged in picketing
from obstructing the free ingress to and egress from the employers
premises. Since respondent was found in the July 17, 1998 decision of the
NLRC to have prevented the free entry into and exit of vehicles from
petitioners compound, respondents officers and employees clearly
committed illegal acts in the course of the March 9, 1998 strike. The use of
unlawful means in the course of a strike renders such strike illegal.
Therefore, pursuant to the principle of conclusiveness of judgment, the
March 9, 1998 strike was ipso facto illegal. The filing of a petition to declare
the strike illegal was thus unnecessary.
Yolito Fadriquelan, et al. vs. Monterey Foods Corporation/Monterey
Foods Corporation v. Bukluran ng mga Manggagawa sa MontereyILAW, et al., G.R. No. 178409/G.R. No. 178434, June 8, 2011
A distinction exists between the ordinary workers liability for illegal strike
and that of the union officers who participated in it. The ordinary worker
cannot be terminated for merely participating in the strike. There must be
proof that he committed illegal acts during its conduct. On the other hand, a
union officer can be terminated upon mere proof that he knowingly
participated in the illegal strike. Moreover, the participating union officers
have to be properly identified. In the present case, with respect to those
union officers whose identity and participation in the strike having been
properly established, the termination was legal.
Gold City Integrated Port Services, Inc. v. NLRC. G.R. No. 86000,
Sep. 21, 1990
No backwages will be awarded to union members as a penalty for their
participation in the illegal strike. As for the union officers, for knowingly
participating in an illegal strike, the law mandates that a union officer may
be terminated from employment and they are not entitled to any relief.
MSF Tire & Rubber v. CA, G.R. 128632, Aug. 5, 1999
The innocent by stander must show: Compliance with the grounds specified
in Rule 58 of the Rules of Court, and That 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.
Victor Meteoro, et al. v. Creative Creatures, Inc. G.R No. 171275, July
13, 2009
In sum, respondent contested the findings of the labor inspector during and
after the inspection and raised issues the resolution of which necessitated
the examination of evidentiary matters not verifiable in the normal course of
inspection. Hence, the Regional Director was divested of jurisdiction and
should have endorsed the case to the appropriate Arbitration Branch of the
NLRC. Considering, however, that an illegal dismissal case had been filed by
petitioners wherein the existence or absence of an employer-employee
relationship was also raised, the CA correctly ruled that such endorsement
was no longer necessary.
Honda Cars Philippines, Inc. v. Honda Cars Technical Specialist and
Supervisors Union, G.R. No. 204142, 19 November 2014
The Voluntary Arbitrator has no jurisdiction to settle tax matters. The
Voluntary Arbitrator has no competence to rule on the taxability of the gas
allowance and on the propriety of the withholding of tax. These issues are
clearly tax matters, and do not involve labor disputes. To be exact, they
involve tax issues within a labor relations setting as they pertain to questions
of law on the application of Section 33 (A) of the NIRC. They do not require
the application of the Labor Code or the interpretation of the MOA and/or
company personnel policies.
The University of the Immaculate Conception, et al. vs. NLRC, et al.,
G.R. No. 181146, January 26, 2011
Article 217 of the Labor Code states that unfair labor practices and
termination disputes fall within the original and exclusive jurisdiction of the
Labor Arbiter. As an exception, under Article 262 the Voluntary Arbitrator,
upon agreement of the parties, shall also hear and decide all other labor
disputes including unfair labor practices and bargaining deadlocks. For the
exception to apply, there must be agreement between the parties clearly
conferring jurisdiction to the voluntary arbitrator. Such agreement may be
stipulated in a collective bargaining agreement. However, in the absence of a
collective bargaining agreement, it is enough that there is evidence on
record showing the parties have agreed to resort to voluntary arbitration.
Samar-Med Distribution v National Labor Relations Commission, G.R.
No. 162385 (2013)
The non-inclusion in the complaint of the issue of dismissal did not
necessarily mean that the validity of the dismissal could not be an issue. The
rules of the NLRC require the submission of verified position papers by the
parties should they fail to agree upon an amicable settlement, and bar the
the right of the winning litigant to peace of mind resulting from the laying to
rest of the controversy.
ST. MARTIN FUNERAL HOME v. NLRC, G.R. No. 130866, September
16, 1998
Therefore, all references in the amended Section 9 of B.P. No. 129 to
supposed appeals from the NLRC to the Supreme Court are interpreted and
hereby declared to mean and refer to petitions for certiorari under Rule 65.
Consequently, all such petitions should hence forth be initially filed in the
Court of Appeals in strict observance of the doctrine on the hierarchy of
courts as the appropriate forum for the relief desired.
Manila Pavilion Hotel, etc. vs. Henry Delada. G.R. No. 189947,
January 25, 2011
In Sime Darby Pilipinas, Inc. v. Deputy Administrator Magsalin, the Supreme
Court ruled that the voluntary arbitrator had plenary jurisdiction and
authority to interpret the agreement to arbitrate and to determine the scope
of his own authority subject only, in a proper case, to the certiorari
jurisdiction of this Court. It was also held in that case that the failure of the
parties to specifically limit the issues to that which was stated allowed the
arbitrator to assume jurisdiction over the related issue. In Ludo & Luym
Corporation v. Saornido, the Supreme Court recognized that voluntary
arbitrators are generally expected to decide only those questions expressly
delineated by the submission agreement; that, nevertheless, they can
assume that they have the necessary power to make a final settlement on
the related issues, since arbitration is the final resort for the adjudication of
disputes. Thus, the Supreme Court ruled that even if the specific issue
brought before the arbitrators merely mentioned the question of whether an
employee was discharged for just cause, they could reasonably assume that
their powers extended beyond the determination thereof to include the
power to reinstate the employee or to grant back wages. In the same vein, if
the specific issue brought before the arbitrators referred to the date of
regularization of the employee, law and jurisprudence gave them enough
leeway as well as adequate prerogative to determine the entitlement of the
employees to higher benefits in accordance with the finding of regularization.
Indeed, to require the parties to file another action for payment of those
benefits would certainly undermine labor proceedings and contravene the
constitutional mandate providing full protection to labor and speedy labor
justice.
Philippine Electric Corporation v Court of Appeals, et al., G.R. No.
168612, 10 December 2014
accoutns are under the jurisdiction of the BLR. However, the Rules of
Procedure on Mediation-Arbitration purpose and expressly separated or
distinguished examinations of union accounts from the genus of intra-union
conflict and provided a different procedure for the resolution of the same.
Original jurisdiction over complaints for examinations of union accounts is
vested on the Regional Director and appellate jurisdiction over decisions of
the former is lodged with the BLR. This is apparent from Sections 3 and 4 of
the Med-Arbitration Rules as already mentioned. Contrast these two sections
from Section 2 and Section 56 of the same rules. Section 2 expressly vests
upon Med-Arbiters original and exclusive jurisdiction to hear and decide inter
alia all other inter-union or internal union disputes. Section 5 states that
the decisions of the Med-Arbiter shall be appealable to the DOLE Secretary.
Without a doubt, the rules of Procedure on Mediation-Arbitration did not
amend or supplant substantive law but implemented and filled in details of
procedure left vacuous or ambiguous by the Labor Code and its
Implementing Rules.
Araullo v Office of the Ombudsman, et al., G.R. No. 194169 (2013)
The Writ of Execution in the instant case was procedurally irregular, as it preempted the NLRC Rules which require that where further computation of the
award in the decision is necessary during the course of the execution
proceedings, no Writ of Execution shall be issued until after the computation
has been approved by the Labor Arbiter in an order issued after the parties
have been duly notified and heard on the matter. When the writ was issued,
there was as yet no order approving the computation made by the NLRC
Computation and Examination Unit, and there was a pending and unresolved
Motion to Recompute filed by Club Filipino. A cursory examination of the
motion reveals that it raised valid issues that required determination in order
to arrive at a just resolution, so that none of the parties would be unjustly
enriched.
Virgilio Anabe v. Asian Construction. GR No. 183233, December 23,
2009
To properly construe Article 291 of the Labor Code, it is essential to ascertain
the time when the third element of a cause of action transpired. Stated
differently, in the computation of the three-year prescriptive period, a
determination must be made as to the period when the act constituting a
violation of the workers right to the benefits being claimed was committed.
For if the cause of action accrued more than three (3) years before the filing
of the money claim, said cause of action has already prescribed in
accordance with Article 291.
George A. Arriola v Pilipino Star .Ngayon, Inc. and/or Miguel G.
Belmont, G.R. No. 175689, 13 August 2014
This court ruled that Callantas complaint for illegal dismissal had not yet
prescribed. Although illegal dismissal is a violation of the Labor Code, it is not
the "offense" contemplated in Article 290. Article 290 refers to illegal acts
penalized under the Labor Code, including committing any of the prohibited
activities during strikes or lockouts, unfair labor practices, and illegal
recruitment activities. The three-year prescriptive period under Article 290,
therefore, does not apply to complaints for illegal dismissal.
Instead, "by way of supplement," Article 1146 of the Civil Code of the
Philippines governs complaints for illegal dismissal. Under Article 1146, an
action based upon an injury to the rights of a plaintiff must be filed within
four years. This court explained:
. . . when one is arbitrarily and unjustly deprived of his job or means of
livelihood, the action instituted to contest the legality of one's
dismissal from employment constitutes, in essence, an action
predicated "upon an injury to the rights of the plaintiff," as
contemplated under Art. 1146 of the New Civil Code, which must be
brought within four [4] years.
This four-year prescriptive period applies to claims for backwages, not
the three-year prescriptive period under Article 291 of the Labor Code.
A claim for backwages, according to this court, may be a money claim
"by reason of its practical effect." Legally, however, an award of
backwages "is merely one of the reliefs which an illegally dismissed
employee prays the labor arbiter and the NLRC to render inhis favor as
a consequence of the unlawful act committed by the employer."
Though it results "in the enrichment of the individual [illegally
dismissed], the award of backwages is not in redress of a private right,
but, rather, is in the nature of a command upon the employer to make
public reparation for his violation of the Labor Code."
Actions for damages due to illegal dismissal are likewise actions "upon an
injury to the rights of the plaintiff." Article 1146 of the Civil Code of the
Philippines, therefore, governs these actions.
SOCIAL LEGISLATION
SSS v. Aguas. G.R. No. 165546; February 27, 2006
A wife who is already separated de facto from her husband cannot be said to
be "dependent for support" upon the husband, absent any showing to the
contrary. Conversely, if it is proved that the husband and wife were still living
together at the time of his death, it would be safe to presume that she was
dependent on the husband for support, unless it is shown that she is capable
of providing for herself.
although not on official line of duty, are nonetheless basically police service
in character.
Iloilo Dock & Engineering Co. vs. ECC. G.R. No. L-26341. Nov. 27,
1968
When the injury is sustained when the employee is proceeding to or from his
work on the premises of the employer, the injury is compensable.
Enao v. ECC G.R. No. L-46046; April 5, 1985
The company which provides the means of transportation in going to, or
coming from the place of work, is liable to the injury sustained by the
employees
while
on
board
said
means
of
transportation.