Labor Relations Reviewer Morillo.pdf

LABOR RELATIONS NOTES by Morillo Title II NATIONAL LABOR RELATIONS COMMISSION (Arts 220 [formerly 213] to 231 [formerly 225] Chapter 1 Creation and Composition of the NLRC (Arts. 220 [formerly 214] to 223 [formerly 216) National Labor Relations Commission (Art. 220 [formerly 213]) Q: What is the composition for the NLRC? A: Unless otherwise provided by law, the Commission (NLRC) shall be composed of the Chairman and 23 Commissioners. [Rule VII, Sec. 2(a), 2011 NLRC Rules of Procedures]. Q: What is the function of the NLRC En Banc? A: The Commission (NLRC) shall sit En Banc only for purposes of the following: 1. Promulgating rules and regulations governing the hearing and disposition of cases before its Divisions and Regional Arbitration Branches; and 2. For the formulation of policies affecting its administration and operations; [Rule VII, Sec. 2(b), 2011 NLRC Rules of Procedure] Q: May a case of any NLRC Division be heard by another Division? A: Yes, the NLRC En Banc may allow cases within the jurisdiction of any Division to be heard by another Division as long as: (a) It is on a temporary and emergency basis; (b) The dockets of the Division allows the additional workload; and (c) The transfer will not expose litigants to unnecessary additional expenses. [Rule VII, Sec. 2(b), 2011 NLRC Rules of Procedure] Q: What is the purpose of the NLRC Division? A: Unless otherwise provided by law, the Commission (NLRC) shall exercise its adjudicatory and all other powers, functions and duties through its 8 Divisions. [Rule VII, Sec. 2(c), 2011 NLRC Rules of Procedure]. Q: What is the composition of the NLRC Division? A: Each Division shall consist of 1 member from the public sector who shall act as the Presiding Commissioner and 1 member each from the workers and employers sectors, respectively. [Rule VII, Sec. 2(c), 2011 NLRC Rules of Procedure].

 

Q: What are the territorial jurisdictions of these NLRC Divisions? A: Of the 8 Divisions, the First, Second, Third, Forth, Fifth and Sixth Divisions shall have exclusive territorial jurisdiction over appealed cases coming from Luzon; the Seventh Division, appealed cases from the Visayas Region; and the Eighth Division, appealed cases from Mindanao including those from the Autonomous Region for Muslim Mindanao (ARMM). [Rule VII, Sec. 2(c), 2011 NLRC Rules of Procedure]. Q: What the function of the Chairman? A: The Chairman shall: (a) Preside over all sessions of the Commission (NLRC) En Banc; (b) Be the Presiding Commission of the First Division; and (c) Aided by the Executive Clerk of the Commission (NLRC), The Chairman shall have administrative supervision over the Commission (NLRC) and its Regional Arbitration Branches and all its personnel inkling the Executive Labor Arbiters and Labor Arbiters. [Rule VII, Sec. 3, 2011 NLRC Rules of Procedures] Q: In the absence or incapacity of the Chairman, who shall be the Acting Chairman? A: In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of the Second Division shall be the Acting Chairman. [Rule VII, Sec. 3, 2011 NLRC Rules of Procedures] Q: When the Commission En Banc Session be conducted? A: The Chairman shall call the Commission En Banc session at least twice a year, preferably on the first week of June and the first week of December, to deliberate and decide on any matters which need immediate action. However, a majority of all the members of the Commission may call a Special En Banc session to discuss and decide on urgent and vital matters which need immediate action. [Rule VII, Sec. 4(a), 2011 NLRC Rules of Procedure]. Q: What constitutes a quorum in the Commission? A: The presence of a majority of all members of the Commission shall be necessary to constitute a quorum. {Rule VII, 4(c), 2011 NLRC Rules of Procedure]. Q: What is the effect of establishing a quorum in the Commission? A: The vote or concurrence of the majority of the members constituting a quorum shall be the decision or resolution of the Commission En Banc. {Rule VII, 4(c), 2011 NLRC Rules of Procedure].

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Q: What constitutes a quorum in the Division? A: The presence of at least 2 Commissioners of a Division shall constitute quorum. {Rule VII, 4(c), 2011 NLRC Rules of Procedure]. Q: What is the effect of establishing a quorum in the Division? A: The concurrence of 2 Commissioners of a Division shall be necessary for the pronouncement of a judgment or resolution. {Rule VII, 4(c), 2011 NLRC Rules of Procedure]. Q: What is the remedy whenever membership in a Division is not complete and/or the concurrence of 2 Commissioners cannot be obtained to arrive at a judgment or resolution? A: The Chairman shall designate such number of additional Commissioners belonging to the same sector from the other Divisions as may be necessary. In the event that all the members of a division inhibit themselves from resolving a case, the Chairman may create a Special Division or assign the case to any of the other Divisions. {Rule VII, 4(c), 2011 NLRC Rules of Procedure]. Q: What the Role of the Chairman in the Division? A: The Chairman of the Commission may convene and preside over the session of any Division to consider any case pending before it and participate in its deliberation, if in his judgment, his presence therein will best serve the interests of labor justice. {Rule VII, 4(d), 2011 NLRC Rules of Procedure]. Q: What is the exception to the role of the Chairman in the Division? A: The Chairman shall not participate in the voting by the Division, except when he is acting as a Presiding Commissioner of the Division in the absence of the regular Presiding Commissioner. {Rule VII, 4(d), 2011 NLRC Rules of Procedure]. Headquarters, Branches and Provincial Extension Units (Art. 221 [formerly 214]) Q: Where are the Headquarters, Branches and Provincial Extension of the Commission located? A: As provided by law, the Commission and its First, Second, Third, Fourth, Fifth and Sixth Divisions for Luzon shall have their main offices in the National Capital Region (NCR), and the Seventh and Eighth Divisions for Visayas and Mindanao, in the cities of Cebu and Cagayan de Oro, respectively. [Rule VII, Sec. 2(d), 2011 NLRC Rules of Procedure]

(Art. 222 [formerly 215] Q: What are the qualifications of the Chairman and other Commissioners? A: The Chairman and other Commissioners shall be: 1. Members of the Philippine Bar; 2. Must have been engaged in the practice of law in the Philippines for at least 15 years, with at least 5 years experience or exposure in the field of labormanagement relations, and shall preferably be residents of the region where they shall hold office. [Art. 222 (formerly 215] Q: What are the qualifications of the Labor Arbiters? A: The Labor Arbiters shall likewise be: 1. Members of the Philippines Bar; 2. Must have been engaged in the practice of law in the Philippines for at least 10 years, with at least 5 years experience or exposure in the field of labormanagement relations, and shall preferably be residents of the region where they shall hold office. [Art. 222 (formerly 215] Q: How long is the Tenure of the Chairman, Other Commissioners and Labor Arbiters? A: They shall hold office during good behavior until they reach the age of 65 years, unless sooner removed for caused as provided by law or become incapacitated to discharge the duties of their office; Provided, however, That the President of the Republic of the Philippines may extend the services of the Commissioners and Labor Arbiters up to the maximum age of 70 years upon the recommendation of the Commission En Banc. [Art. 222 (formerly 215] Q: Who appoints the Chairman, the Division Presiding Commissioners and other Commissioners? A: They are all appointed by the President. [Sec. 2, RA. 10741] Q: Who appoints the members of the specific divisions of the NLRC? A: Appointment to any vacancy in a specific division shall only come from the nominees of the sector which nominated the predecessor. [Sec. 2, RA 10741] Q: Who appoints the Labor Arbiters? A: The Labor Arbiters shall also be appointed by the President, upon the recommendation of the Commission En Banc and shall be subject to the Civil Service Law, Rules and Regulations. [Sec. 2, RA 10741] Q: Who appoints the staff and employees of the Commission?

Appointment and Qualifications

 

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A: The Chairman and the Commission, shall appoint the staff and employees of the Commission, and its regional branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations. [Sec. 2, RA 10741]

Salaries, benefits, and other emoluments (Art. 223 [formerly 216], as amended Sec. 4, by RA 9347) Q:

What are the salary, benefits, and other emoluments of the Chairman and members of the Commission? A: They shall have the same rank, receive an annual salary equivalent to, and be entitled to the same allowances, retirement and benefits as, those of the Presiding Justice and Associate Justices of the Court of Appeals. [Art. 223 (formerly 216) as amended by Sec. 4, RA 9347] Q:

What are the salary, benefits and other emoluments of the Labor Arbiters? A: They shall have the same rank, receive an annual salary equivalent to and be entitled to the same allowances, retirement and other benefits and privileges as those judges of the RTCs. [Art. 223 (formerly 216) as amended by Sec. 4, RA 9347] Q: Can there be diminution of the existing salaries, benefits and other emoluments? A: NO, in no case shall the provision of this Article result in the diminution of the existing, salaries, allowances and benefits of the aforementioned officials. [Art. 223 (formerly 216) as amended by Sec. 4, RA 9347] Chapter 2 Powers and Duties (Arts. 224 [formerly 217] to 228 [formerly 222]) Jurisdiction of the Labor Arbiters (Art. 224 [formerly 217]) Q: What are cases that fall under the original and exclusive jurisdiction of the Labor Arbiters? A: Labor Arbiters shall have original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or nonagricultural: (a) Unfair labor practice cases; (b) Termination disputes; (c) Cases involving wages, rates of pay, hours of work and other terms and conditions of employment if such is accompanied with a claim for reinstatement; (d) Claims for actual, moral, exemplary and other forms of damages arising from employeremployee relations;

 

(e) Cases arising from any violation of Art. 279 (formerly 264) of the Labor Code, as amended, including questions involving the legality of strikes and lockouts; (f) All other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Php5,000.00, whether or not accompanied with a claim for reinstatement, except for employees compensation not included in the next succeeding paragraph, social security, medicare and maternity benefits; [Rule V, Sec. 1, 2011 NLRC Rules of Procedure] (g) Wage distortion disputes in an unorganized establishments that are not voluntarily settled by the parties pursuant to RA 6727; [Rule V, Sec. 1, 2011 NLRC Rules of Procedure] (h) The Exception clause under Art. 128 (b), LCP; [“Notwithstanding the provisions of Art. 129 and 217 (now 224) of this Code to the contrary …….”]

(i)

Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Art. 223 (now 229), LCP, as amended; [Rule V, Sec. 1, 2011 NLRC Rules of Procedure] (j) 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 the forms of damages as provided by Sec. 10 of RA 8042, as amended by RA 10022; and (k) Other causes as may be provided by law. Q: What are the exceptions of the original and exclusive jurisdiction of the Labor Arbiters? A: The following are the exceptions: 1. Exception clause under Art. 224 (former 217) par. a; 2. Art. 224 (former 217) par. b; [“The Commissioner shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters”]

3. Cases arising from the interpretation or implementation of collective bargaining agreement and those arising from the interpretation or enforcement of company personnel policies shall be disposed of the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements; [Art. 224 (former 217) par. c] 4. Any matters involving the recovery of wages and other monetary claims and benefits, including the legal interests, owing to an employee or person employed in domestic or household service or househelper under this Code, arising from employer-employee relations: Provided, That such complaint does not include a claim for reinstatement: Provided, further, That the aggregate money claims of each employees or

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househelper does not exceed Php 5,000.00, these cases falls under the jurisdiction the Regional Director. [Art. 129, LCP] Q: What is the requirement for a Labor Arbiter to exercise jurisdiction under Art. 224 (former 217)? A: The following are the rules related to the exercise of jurisdiction of the Labor Arbiters under Art. 224 (former 217): 1. Existence of employer-employee relationship; 2. Jurisdiction of Labor Arbiters even in the absence of employer-employee relationship (Sec. 10, RA 8042); 3. “Reasonable Causal Connection” Rule; and 4. The Jurisdiction of Regular courts and Labor Arbiters; Q: What are the four-fold test to determine the existence of an employer-employee relationship? A: The following are the four-fold tests to determine the existence of an employer-employee relationship: 1. The manner of selection and hiring of employees; 2. The payment of wages; 3. The power of dismissal or to discipline the employee; and 4. The power of control in the means and manner of the employee’s performance. Q: What is the effect when there is no existence of employer-employee relationship, and the employee or worker filed a complaint with the Labor Arbiter? A: There should be employer-employee relation in order for the Labor Arbiter to exercise jurisdiction. Otherwise, where no employer-employee relationship exists between the parties, the Labor Code or Collective Bargaining Agreement does not need to be resolved and any issue/s raised by them, and the jurisdiction to hear the same shall be within the Regional Trial Courts. [Cambridge Electronics Corp. (GR. No 172927, February 11, 2010), reiterating the ruling in Pioneer Concrete Phils. Vs. Todaro, 524 SCRA 163] Q: Can a Labor Arbitrator exercise jurisdiction even in the absence of an employer-employee relationship? A: YES, Notwithstanding any provision of law to the contrary, the Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide, within 90 calendar days after the filing of the complaint, the claims arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other form of damages. [Sec. 10, RA 8042, amended by RA 10022]

 

Q: Can a seafarer, who was prevented from leaving the port of Manila and refused deployment without valid reason but whose POEA-approved employment contract provides that the employeremployee relationship shall commence only upon the seafarer’s actual departure from the port of the point of hire, be entitled to a relief? A: YES, He is entitled to a relief. Considering that the seafarer was not able to depart form the airport or seaport in the point of hire, the employment contract did not commerce, and therefore, no employeremployee relationship was created between the parties. However, there must a distinction made between the perfection of the employment contract and the commencement of the employer-employee relationship. The perfection of the contract, which in this case coincided with the date of the execution thereof, occurred when the petitioner seafarer and the respondent Sharp Crew Management (SCM) agreed on the object and the cause, as well as the rest of terms and conditions therein. On the other hand, the commencement of the employer-employee relationship would have taken place had petitioner seafarer been actually deployed from the point of hire. Therefore, even before the start of any employeremployee relationship, contemporaneous with the perfection of the employment contract was the birth of certain rights and obligations, the breach of which may give rise to a cause of action against the erring party. The act of preventing petitioner seafarer from departing the port of Manila and the ship constitutes a breach of contract by Respondent SCM, which gives rise to Petitioner Seafarer’s cause of action and made Respondent SCM liable to pay actual damages suffered by Petitioner seafarer. [Santiago vs. CF Sharp Crew Management, GR. No. 1621419, July 10, 2007] Q: What is the meaning of the “Reasonable causal connection” Rule? A: It refers to those claims which arise out of or in connection with the employer-employee relationship, or some aspect or incident of such relationship. [San Miguel Corp. vs. NLRC, GR no. 80774, May 31, 1988] Q: How can the “Reasonable causal connection” Rule under Art. 224 (formerly 217) be apply in order for a Labor Arbiter to his exercise jurisdiction? A: Not every controversy involving workers and their employers be resolved only by the labor arbiters. This will be so only if there is a “reasonable causal connection” between the claim asserted and the employer-employee relations to put the cause under the provisions of Art. 224 (formerly 217). Absent of such link, the complaint will be cognizable to the

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regular courts of justice in the exercise of their civil and criminal jurisdiction. [Pepsi Cola Distributors of the Phils, Inc vs. Galang, GR. No. 89621, September 24, 1991] Q: How do you determine whether a case falls under the jurisdiction of the regular courts or labor courts? A: Several jurisprudence explained that a case shall fall under the jurisdiction of the regular courts if the claim for damages is the natural consequences flowing from the breach of an obligation which is intrinsically or inherently civil in nature. [Quisaba vs. Sta. Ines Melale (GR no. L-38088, August 30, 1974]. A labor arbiter may only take cognizance of a case and award damages where the claim for such damages arises out of an employer-employee relationship. [Art. 224(a) [formerly 217(a), LCP] Q: When an employer terminated his employee due to abandonment and the employee filed a complaint against them before the Labor Arbiter, can they file a motion to dismiss due to lack of jurisdiction of the Labor Arbiter to hear the case? A: YES, The Employer can file a motion to dismiss the case due to lack of jurisdiction. In the case of Singapore Airlines vs. Paño (GR no. L-47739, June 22, 1983), the SC differentiated between abandonment per se and the manner and consequent the manner and consequent effect of such abandonment. The former is a labor case while the latter is a civil case. When an employer’s claim for damages is grounded on the “Wanton failure and refusal” without just cause of the employee to report for duty despite repeated notices served upon him of the disapproval of his application for leave of absence without pay. This, coupled with a further averment that the employee “maliciously and with bad faith” violated the terms and conditions of the employment agreement to the damage of the employer makes this circumstances falls within the purview of the Civil Law and not the Labor Code. Therefore, the complaint was anchored was anchored on the manner and consequent effects of such abandonment of work translated in terms of damages which the employer suffered. It cannot be held to be due to abandonment per se by the employee of his job because he was not required in the Complaint to report back. Hence, the case falls under the jurisdiction of our regular courts and not under the Labor Arbiters. Q: When an employee is dismissed from his work, however he does ask for a reinstatement or backwages, does the case falls under the jurisdiction of the Labor Arbiter? A: NO, the case does not fall under the jurisdiction of the Labor Arbiter but under the jurisdiction of the regular courts. The SC held in the case of Quisaba vs. Sta.

 

Ines, Inc. (GR no. L-38088, August 30, 1974) the such dismissal is grounded on the manner of his dismissal and the consequent effects of such dismissal. If the dismissal was done anti-socially or oppressively, the employer violated Art. 1707 of the Civil Code which prohibits such acts of oppression by either capital or labor against the other, as well as Art. 21 of the Civil Codw, which makes a person liable for damages if he willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy. Likewise, it should be noted that the primary relief sought by the employee is for liquidated damages for breach of contractual obligations. Also, the other items demanded are not labor benefits generally demand by workers in a labor dispute such as payment of wages, overtime compensation or separation pay. Therefore, the items claimed are the natural consequences flowing from the breach of an obligation which is intrinsically a civil dispute. Hence, the instant case does not fall under the jurisdiction of the Labor Arbiter but on the regular courts. Q: When a principal relief is to be granted under the Labor legislation or CBA, does it fall with the jurisdiction of the Labor Courts? A: YES, If a principal relief is to be granted under Labor legislation or a collective bargaining agreement, the case should fall within the jurisdiction of the Labor Arbiter and the NLRC, even though a claim for damages might be asserted as an incident to such claim. In such situations, the need to avoid splitting of jurisdiction arises. [Filipinas Life Assurance Co., Inc. vs. Bleza, 139 SCRA 565 & San Miguel Corp. vs. NLRC, GR no. 80774, May 31, 1988] Q: How should the “arising from the employeremployee relations” clause under Art. 224 (formerly 217) be applied? A: It should apply with equal force to the claim of an employer for acual damages against its dismissed employee, where the basis for the claim arises from or is necessarily connected with the fact of termination, and should be entered as a counterclaim in the illegal dismissal case. [Portillo vs. Rudolf Lietz, Inc. (GR no. 196539, October 10, 2012]. Q: When a claim for damages is based on tort, does the Labor Arbiter have jurisdiction to hear and decide over it? A: NO, jurisprudence dictates that regular courts has jurisdiction wherein the claim for damages is based on tort or malicious prosecution or of the breach of contract, as when the claimant seeks to recovery a debt from a former employee or seeks liquidated damages in enforcement of a prior employment contract. It should be noted that the cause of action for damages where the employer-employee relationship is incidental and the cause of action

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proceeds from a different source of the obligation. [Portillo vs. Rudolf Lietz, Inc. (GR no. 196539, October 10, 2012]. Q: What is the jurisdiction of the Labor Arbiter to award reliefs under the Civil Code? A: Pursuant to Art. 224(a) [formerly 217(a)] of the Labor Code, it bestows upon the Labor Arbiter original and exclusive jurisdiction over claims for damages arising from employer-employee relations. In other words, the Labor Arbiter has jurisdiction to award not only the reliefs provided by labor laws, but also damages governed by the Civil Code. [Portillo vs. Rudolf Lietz, Inc. (GR no. 196539, October 10, 2012]. Q: If the claim for the principal relief is essential, does it fall within the jurisdiction of the Labor Arbiters? A: It depends, where the principle relief is to be granted under labor legislation or a collective bargaining agreement, the case should fall within the jurisdiction of the Labor Arbiter and the NLRC, even though a claim for damages might be asserted as an incidental to such claim. [Filipinas Life Assurance Co., Inc. vs. Bleza, 139 SCRA 563 (1985)]. Q: What distinguishes a claim for damages that falls under the jurisdiction of the Labor Arbiters and of those under the regular courts? A: Jurisdiction of the Labor Arbiters, under Art. 217 “arising from the employer-employee relations, should apply with equal force to the claim of an employer for actual damages against its dismissed employee, where the basis for the claim arises from or is necessarily connected with the fact of termination, and should be entered as a counterclaim in the illegal dismissal case. On the other hand, jurisdiction of the regular courts applies where employer-employee relationship is merely incidental and the cause of action proceeds from a different source of obligation. Therefore, regular courts has jurisdiction if the claim for damages is based on; (a) tort; (b) malicious prosecution; or (c) breach of contract. [Portillo vs. Rudolf, GR no. 196539, October 10, 2012] Q: Is a Non-compete clause (or Good Will Clause) issue falls under the jurisdiction of the Labor Arbiter? A: NO, a “Good Will” clause is a postemployment civil law matter because it is a contractual undertaking effective after the cessation of the employment relationship between the parties. Therefore, a breach of undertaking is a civil law dispute, not a labor law case. [Portillo vs. Rudolf, GR no. 196539, October 10, 2012]. Q: Who are corporate officers? A: Pursuant to Section 25 of the Corporation Code, the following are corporate officers:

 

(a) (b) (c) (d)

President; Secretary; Treasurer; and Such other officers as may be provided for in the (company) by-laws.

Q: Does the Labor Arbiter have jurisdiction over dismissal of a General Manager? A: It depends, According to the case of Marc II Marketing Inc vs. Joson (GR no. 171993, December 12, 2011), the SC ruled that corporate officers are those officers of a corporation who are given character either by the Corporation Code, under Sec. 25 thereof, or by the Corporations by-laws. Conformity with Section 25 of the Corp. Code, a position must be expressly mentioned in the by-laws on order to be considered as a corporate officer. A careful perusal of petitioner corporations by-laws revealed that the position of general manager was not among the enumerated positions considered as a corporate officer. Therefore, the labor arbiter have jurisdiction over its dismissal case. Figure no. ____, Test on whether a GOCC employees is covered by the Labor Courts or Regular Courts Test on Whether a Government Owned or Controlled Corporation (GOCC) employees is subjected to Civil Service Law or the Labor Code: GOCC  Creation  

Charter?  

Original  or   Special  

Civil  Service  Law  

Under  Corp.   Code  

Labor  Code  

Q: Does the Labor Code covers the employees of the National Housing Corporation? A: YES, Although the National Housing Corporation (NHC) is a government owned corporation organized in 1959 in accordance with EO no. 399 and its shares of stock are and have been 100% owned by the Government from its incorporation under the former corporation law. However, it is correct to say that its employees are subject to the provision of the Labor

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Code. In TUPAS vs. NHC (173 SCRA 33), it was held that the NHA is now within the jurisdiction of the DOLE, it being a G.O.C.C. without an original charter. Hence, its workers or employers are covered by the labor code. [Juco vs. NLRC (GR no. 98107, August 18, 1997)].

A: It relates to the commission of acts that transgress the workers’ right to organize. Furthermore, the prohibited acts must necessarily relate to workers’ right to selforganization and observance of CBA. [Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery vs. Asia Brewery, Inc. (GR no. 162025, August 3, 2010).

Is the Philippine Veterans Bank a private corporation, if so, are its employees covered by the Labor Code? A: YES, the Philippine Veterans Bank is not owned or controlled by the Government although it does have an original charter in the form of RA 3518 which provides that the “operations and changes in the capital structure of the Veterans Bank, as well as the other amendments to its articles of incorporation and by-laws shall be in accordance with the Corporation Code, the General Banking Act, and other related laws”. It (Philippine Veterans Bank) clearly does not fall under the Civil Service and should be regarded as an ordinary commercial corporation. [Philippine Veterans Bank Employees Union-NUBE vs. Philippine Veterans Bank (GR no. 67125, August 24, 1990)].

Q: What are aspects of Unfair Labor Practices that are within the jurisdiction of the Labor Arbiter? A: The civil and administrative aspect of the ULP is within the jurisdiction of the Labor Arbiters under Art. 258 of the Labor Code. The said article further provides that the civil aspects includes claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative relief.

Q:

Q: Is a government subsidiary company falls under the coverage of the corporation, if so, are its employees covered by the Labor Code? A: YES, in the case of National Service Corporation vs. NLRC (GR no. 69870, November 29, 1988), NASECO (a subsidiary of NDIC), which is a subsidiary wholly owned by the PNB, the SC held that the NLRC has jurisdiction over the employees of NASECO because it is without an original charter, therefore its employees are subjected to the provisions of the Labor Code. Q: Who are employees that are immune from suit before the jurisdiction of the Labor Arbiters? A: The following are immune from suits: 1. Employees of certain international organizations; 2. Employees of ADB [DFA vs. NLRC (GR no. 113191, Sept. 18, 1996]); and 3. Agents or representative of the UN. Jurisdiction of Labor Arbiter over Unfair Labor Practices Cases [Art. 224(a-1) [former 217(a-1)] Note: See the discussion on Title VI, Book V for further explanation. Q: What is Unfair Labor Practice? A: This refers to any unfair labor practices as expressly defined by the Code. Furthermore, this refers to those acts that are expressly defined and provided under Art. 259 and 260 of the Labor Code. Q: What is the essence of Unfair Labor Practices?

 

Q: What are other quasi-judicial body which exercise jurisdiction over ULP cases? A: The following are the exceptions the LA’s jurisdiction over ULP cases: (a) Voluntary Arbitrator or VA Panels can exercise jurisdiction to hear and decide all other labor disputes, including ULP, upon agreement of the parties (Art. 275 former 262); and (b) Those cases (which may refer to ULP) that are subsumed or absorbed in national interests cases via Assumption of Jurisdiction by the Secretary of Labor or by the President of the Philippines. (Art. 278(g) [263(g)] Jurisdiction of Labor Arbiter over Termination Dispute: [Art. 224(a-2) [former 217(a-2)] Q: What is a termination dispute? A: It refers to the dismissal from employment, the legality of which is being contested by an employee. The dismissal may be permanent severance or complete separation of the worker from the service on the initiative of the employer regardless of the reasons therefor. [Jo Cinema Corporation vs. Abellana (GR no. 132837, June 28, 2001)]. Q: What are the exceptions for Labor Arbiters to have jurisdiction over termination dispute? A: These are the following: 1. Jurisdiction over other labor disputes of the voluntary arbiter or panel of voluntary arbiters upon agreement of the parties under Art. 275 (262) of the Labor Code; 2. Those cases (which may refer to termination disputes) that are submitted or absorbed I national interests cases (known as the assumption of jurisdiction of the SOLE or President) under Art. 278 (g) (263(g)) of the Labor Code.

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Q: Is a termination dispute a grievable issue that can be resolved by the Voluntary Arbiter? A: As a rule, termination dispute falls under the original and exclusive jurisdiction of the Labor Arbiter. However, Art. 225(c) (former 217(c)), the opening phrase provides “Except as provided under this Code x x x “ should be read in conjunction with Art. 274 (former 261) of the Labor Code which grants to voluntary arbitrators original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the CBA and those arising from the interpretation and enforcement of company personnel services. [Maneja vs. NLRC (GR no. 124013, June 5, 1998] Money claims within the original and exclusive jurisdiction of labor arbiters [Art. 224(a-3 & a-6) [former 217(a-3 & a-6)] Q: What are money claims that are within the jurisdiction of the Labor Arbiter? A: These are the following: 1. Money claims arising from employer-employee relations; 2. Money claims filed by workers involving wages, rates of pay, hours of work and other terms and conditions of employment, if accompanied with a claim for reinstatement; 3. Money claim exceeding Php 5,000.00 regardless whether accompanied with a claim for reinstatement or it arising out of an illegal dismissal case; and 4. Money claims under Sec. 10 of the Migrant Workers Act (RA 80042, amended by RA 10022), the claims arising out of: a. An employer-employee relationship; or b. By virtue of any law; or c. Contract involving Filipino workers for overseas employment; d. Including claims for actual, moral, exemplary and other forms of damages. Claims for Damages [Art. 224(a-4) (former 217(a-4)] Q: What covers claims for damages under the original and exclusive jurisdiction of the Labor Arbiter? A: The aforesaid article (224[a-4]) clearly pertains to claims for damages arising from employer-employee relations. Moreover, the Labor Arbiter has jurisdiction to award not only the reliefs provided by labor laws, but also damages governed by the Civil Code. [Portillo vs. Rudolf Lietz, Inc. (GR no.196539, October 10, 2012] Violations of Art. 279 (former 264), Involving legality of strikes and lockouts [Art. 224(a-5) (former 217 (a-5)]

 

Q: What is Art. 279 (former 264)? A: This article pertains to prohibited activities conducted by the parties during strike or lockout. [See discussions on Title VIII, Chapter 1, Art. 279, LCP for further explanations] Q: What are strikes or lockouts that falls under the original and exclusive jurisdiction of the Labor Arbiter? A: The strikes and lockouts here are those not involving strikes or lockouts in industries which are indispensable to national interest (which follows the Assumption of Jurisdiction of the DOLE Secretary) or the national interest cases under Art. 278(g) [former 263(g)] LCP. Wage distortion disputes in unorganized establishments Q: Who has jurisdiction to resolve wage distortion disputes when there is no CBA or recognized labor union? A: In cases where there are no CBA or recognized labor union, the employers and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the NCMB, and if it remains unresolved after 10 calendar days of conciliation, it shall be referred to the appropriate branch of the NLRC. [Art. 124, par.5, LCP] Proceedings before the Labor Arbiter Q: What the nature of the proceedings in cases before the Labor Arbiter? A: The proceedings are non-litigious in nature that the technicalities of law, procedure and the rules of courts are not strictly applied, provided that it complies to the requirements of due process. The Labor Arbiter may avail himself all the reasonable means to ascertain the facts of the controversy speedily, including ocular inspection and examination of wellinformed person. [Rule V, sec. 2, NLRC Rules of Procedure] Q: What are prohibited pleadings and motions before the Labor Arbiter? A: The following pleadings and motions shall not be allowed and acted upon nor elevated to the NLRC: (a) Motion to dismiss (EXPN: ground is for lack of jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping) (b) Motion for a bill of particulars; (c) Motion for new trial; (d) Petition for relief of judgment; (e) Motion to declare respondent in default;

8  

(f)

Motion for reconsideration of any decision or order of the Labor Arbiter; (g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to; an order: a. Denying a motion to dismiss; b. Denying a motion to inhibit; c. Denying a motion for issuance of writ of execution; or d. Denying a motion to quash writ of execution (h) Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter; (i) Appeal from orders issued by the Labor Arbiter in the course of the execution proceedings; and (j) Such other pleadings, motions and petitions of similar nature intended to circumvent provisions. Q: When can you file a Motion to Dismiss? A: Before the date set for the mandatory conciliation and mediation conference (also known as SEnA conference), the respondent may file a motion to dismiss the compliant (due to lack of jurisdiction over the subject matter, improver venue, res judicata, prescription and forum shopping). [Rule V, Sec. 6, NLRC Rules of Procedure] Q: What is the effect when the petitioner or complainant failed to appear? A: If the petitioner or complainant failed to appear during the 2 settings for mandatory conciliations and mediation conference scheduled despite due notice, his or her non-appearance shall be a ground for the dismissal of the case without prejudice. [Rule V, Sec. 10, NLRC Rules of Procedure] Q: What is the effect when the respondent failed to appear? A: If the respondent did not appear during the 1st scheduled conference, the 2nd schedule conference shall proceed. On the other hand, if the respondent still did not appear at the 2nd conference despite due notice, he shall be considered to have waived his right to file position and the LA shall immediately terminate the mandatory conciliation and mediation conference and shall direct the petitioner/complainant to file a verified position paper and submit his supporting evidence thereupon and the LA shall render his decision on the basis of the evidence on record. [Rule V, Sec. 10, NLRC Rules of Procedure] Q: When can you file an amendment of the complaint/petition? A: An amended complaint or petition may be filed before the LA at anytime before the filing of the position paper, with proof of service of a copy thereof to the opposing party or parties. However, if such amendment involves impleading additional respondent/s, a service of summons is necessary to

 

acquire jurisdiction over of the said respondents. [Rule V, Sec. 11, NLRC Rules of Procedure] Figure no: ___, Nature of the proceedings before the LA:

Filing  of  a  Compliant/Petition   Filing  should  be  before  the  NLRC  in  the  region  or  area   where  the  company  operates  

After  Niling,  both  parties  are  schedule  for  2  SEnA   conference  (mandatory  conciliation  &  mediation)  

Appearance  before  the  SEnA   If  both  parties  appear,  the  Med-­‐ Arbiter  shall  try  to  settle  the  parties.  

if  both  parties  failed  to  settle,  the   complainant/petitioner  shall  be   allowed  to  Nile  a  complaint  before  the   LA,  and  the  respondent  is  allowed  to   submit  his  Answer/Defense  

Non-­‐Appearance:     •  Petitioner  -­‐  Complaint  shall  be   dismissed  if  he  did  not  appeared   after  2  SenA  despite  due  notice   •  Respondent  -­‐  If  no  appearance  for   2  SeNa  despite  due  notice,  he   waived  his  right  to  Nile  a  position   paper  

Submission  of  Position  Papers   Simultaneuos  submittion  by  the   parties  within  10  calendar  days  after   SEnA  

No  Amendment  is  allowed  to  be  Nile  

position  papers  covers  only  those   claims  and  causes  of  actions  stated  in   the  complaint,  including  supporting   document,  excluding  those   ammicably  settled  

Submission  for  Decision   After  submision  of  the  position  papers/replies  by  the  parties  or  the  laspse  of  time,  the  case  shall  be  deemed  submitted   for  decision  before  the  Labor  Arbiter  

Decision  of  the  Labor  Arbiter   30  days  period  to  decide   only  

90  days  for  OFW  cases   under  Sec.  10  of  Migrant   Workers  Act  

Finality  of  LA's  Decision  -­‐   No  appeal  Niled  with  the   Regional  Arbitration   Branch  of  origin  

LA  shall  Issue  a  certiNied  of   Finality  

Powers of the Commission [Art. 225 (formerly Art. 218)] Q: What are the powers of the National Labor Relations Comissions? A: These are the following: (a) Rule-making power; (b) Power to issue compulsory processes; (c) Power to investigate matters and hear disputes within its jurisdiction; (d) Power of contempt (direct or indirect); and (e) Power to issue injunction and temporary restraining order Rule-making Power of the Commission [Art. 225(a) (formerly Art. 218(a)]

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Q: What is the scope of the rule-making power of the NLRC? A: To promulgate rules and regulations governing: (1) The hearing and the disposition of the cases before it and its regional branches; (2) As well as those pertaining to its internal functions; and (3) Such rules and regulations as may be necessary to carry out the purpose of this Code. Power to issue compulsory processes [Art. 225(b) (formerly Art. 218(b)] Q: What is the scope of the NLRC’s power to issue compulsory processes? A: These are the followings: (a) To administer oaths; (b) Summon the parties in the controversy; (c) Issue subpoenas requiring the attendance and testimonies of witnesses; or (d) Issue subpeonas requiring the production of documents Power to investigate matters and hear disputes within its jurisdiction [Art. 225(c) (formerly Art. 218(b)] Q: What is the scope of the NLRC’s power to investigate matters and hear disputes within its jurisdiction? A: These are the followings: (1) To conduct investigation for the determination of a question, matter or controversy wuthin its juridiction; (2) Proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear; (3) Conduct its proceedings or any party thereof in public or in private; (4) Adjourns its hearing to any time and place; (5) Refer technical matters or accounts to an expert and to accept his reports as evidence after hearing of the parties upon due notice; (6) Direct parties to be joined in or excluded from the proceedings; (7) Correct,amend, or waive any error, defect or irregularity whether in substance or in form; (8) Give all such direction as it may deem necessary or expedient in the determination of the dispute before it; and (9) Dismiss any matter or refrain from futher hearing or from determining the dispute or part thereof, where it is trivial or where further proceedings by the Commission are not necessary or desirable. Power of (direct or indirect Contempt [Art. 225(d) (formerly Art. 218(d)]

 

Q: What constitutes Direct Contempt? A: The following constitutes direct contempt: (a) A person guilty of misbehavior in the presence of so or near the Chairman or any member of the Commission or any Labor Arbiter as to obstructs or interrupts the proceedings before the same; (b) Disrespect toward said officials, offensive personalities toward others, or refusal to be sworn, or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. Q: What is the penalty provided for direct contempt? A: These are the following: • If committed before the Commission or a member thereof à A fine not exceeding (Php 500.00) or imprisonment not exceeding 5 days, or both. • If committed before the Labor Arbiter à A fine not exceeding Php 100.00 or imprisonment not exceeding 1 day, or both. Q: What is the remedy of the person subject to direct contempt adjudged by the Labor Arbiter? A: He may appeal to the Commissioner and the execution of the judgment shall be suspended pending the resolution of the appeal upon the filing upon the filing by such person of a bond on condition that he will abide by and perform the judgment of the Commission should the appeal be decided against him. Q: What is the effect of NLRC’s judgment on direct contempt? A: Judgment of the Commission on direct contempt is immediately final, executory and unappealable. Q: Who renders judgment on Indirect Contempt? A: Indirect contempt shall be dealth with by the Commissioner or the Labor Arbiter in the manner prescribed under Rule 71 of the Revised Rules of Court. Power to issue injunction and temporary restraining order [Art. 225(e) (formerly Art. 218(e)] Q: What are the kinds of injunction that the NLRC issues? A: These are the following: (a) Temporary/Permanent Prohibitory Injunction (b) Temporary/Permanent Mandatory Injunction Q:

What is the purpose of issuing a Temporary/Permanent Prohibitory Injunction? A: To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts which, if not restrained may cause grave or irreparable

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damage to any party or render ineefectual any decision in favor of such party.

A: At any time during working hours an ocular inspection can be conducted.

What is the purpose of issuing a Temporary/Permanent Mandatory Injunction? A: To require the performance of a particular act in any labor dispute which, if not performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.

Q: Where can the Ocular Inspection be conducted? A: It can be conducted on any establishment, building, ship or vessel, place or premises, including any work, material, implement, machinery, appliance or any object therein,and ask any employee, laborer, or any person, as the case may be, for any information or data concerning any matter or question relative to the object of the investigation.

Q:

Q: What are the requisites for the issuance of temporary or permanent injunction? A: These are the following: (1) After hearing the testimonies of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto (if offered); and (2) After a finding of fact by the Commissioner, to the effect: a. That prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person/s, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof; b. That substantial and irreparable injury to complainant’s propoerty will follow; c. That as to each item or relief to be granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief; d. That complainant has no adequate remedy at law; and e. That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection. Q: What is the effectivity of TRO? A: Not longer than 20 days. Ocular Inspection [Art. 226 (formerly 219)] Q: Who conducts the ocular inspection? A: These are the following persons: (a) The Chairman; (b) Any Commissioner; (c) Any Labor Arbiter; or (d) Any duly authorized represetives thereof Q: When is the Ocular Inspection conducted?

 

Technical Rules not Binding and Prior Resort to Amicable Settlement [Art. 227 (formerly 221)] Q: In a labor proceeding, can the technical rules of evidence being practiced and applied in ordinary courts be strictly applied in the proceedings before the NLRC? A: NO, in any proceedings before the NLRC or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling. The NLRC and the Las shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. Q: Does the NLRC Commissioner or Labor Arbiter has complete control in every labor proceedings? A: YES, In any proceeding before the NLRC or Las, the parties may be represented by legal counsel but it shall be duty of the Chairman, Presiding Commissioner or LA t exercise complete control of the proceedings at all stages. Q: Is the non-applicability of technical rules violates the rights of the employer against unreasonable or unjustified claims? A: NO, The Las and the NLRC are mandated to use every and all reasonable means to ascertain the facts in each case speedily and objectively, without to technicalities of the law or procedure. Nevertheless, though technical rules of procedure are not ends in themselves, they are necessary for an effective and expeditious administration of justice. The nonapplicability if technical rules of procedure in labor cases should be made a license to disregard the rights of employers against unreasonable and/or unjustified claims. The expeditious disposition of labor cases is andated not only for the benefit of the employees, but of the employers as well. [Azuelo vs. ZAMECO II (GR no. 192573, October 22, 2014)] Q:

Are handwritten listings, unsigned and unauthenticated computer printouts admissible as evidence before any labor courts?

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A: NO, A handwritten listing and unsigned computer printouts were unauthenticated, hence, unreliable. Mere self-serving evidence (of which the listings and printouts are of that nature) shouled be rejected as evidence without any rational probative value even administrative proceedings. While the rules of evidence prevailing in the courts of law or equity are not controlling in proceedings before the NLRC, the evidence presented before it must have at least have a modicum of adminissibility for it to be given some probative value. [PLDT Company vs. Tiamson (GR no. 164684-85, November 11, 2005)] Appearances and Fees [Art. 228 (former Art. 222)] Q: Who are allowed to appear before the NLRC? A: These are the following: (a) A Lawyer appearing for a party; (b) A non-lawyer: a. Representing Himself as party to the case; b. Representing a legitimate labor organization defined under Art. 212 (now 219) & 242 (now 251) of the Labor Code, which is a party to the case; c. Representing a member/s of a legitimate labor organization that is existing within the employer’s establishment, who are the parties to the case; d. Duly-accredited member of any legal aid office recognized by the DOJ or IBP; e. Who is the Owner, President, or any authorized person of a corporation or establishment which is a party to the case. Table no. _____, Requirements for Appearances: Representative: Requirements: 1. Atty.’s Roll number; Lawyer (presumed)

Non-Lawyers

2. PTR and IBP current year number; and 3. MCLE Compliance

Party Himself Legitimate Labor organization defined under Art. 212 (now 219) & 242 (now 251) Labor code

Legitimate Labor Organization exisitng within the employer’s establishment

 

None 1. BLR or RD-DOLE Certification attesting that the organization He represents is duly registered and listed in the rosters of legitimate labor org.; 2. Verified certification of authorization to represent issued by the Secretary and attested by the President of the said organization; and 3. Copy of the Board Resolution granting him such authority 1. Verified certificated to represent such member/members; and 2. Verified certification issued by the secretary and attested by the president of said org. stating that the

Legal Aid Member

1. 2.

Company Owner, President, or Authorized representatives

1.

2.

person/s he represent are members of their org. which is existing in the emplooyer’s establishment. Proof of his accreditation; and Represents a party to the case Verified certification attesting that he is authorized to represent; and Copy of the board resolution granting him such authority.

Q: How appearances are made? A: Appearances may be made orally or in writing. In both cases, the complete name and office address of both parties shall be made on record and the adverse party or his counsel or representative properly be notified. Q: What is the prohibition on charging Attorney’s fee or negotiation fees arising from CBA? A: No attorney’s fees, negotiation fees or any similar charges of any kind arising from any CBA shall be imposed on any individual member of the contracting union. [Art. 228(b)] Q: Where can you charge the attorney’s fees arising from CBA? A: It may be charged against the union’s funds in an amount to be agreed upon by the parties. [Art. 228(b)] Q: What is the effect when there exist a contract that charges attorney’s fee arising from CBA? A: The said contract shall be null and void being contrary to law. Table no. ____, Distinction between Art. 228(b) and Art. 111 of the Labor Code regarding Attorney’s Fees Art. 228(b) Art. 111 Prohibits the payment of Provides a 10% as the attorney’s fees to be amount to be charged to be imosed on individual awarded for the winning member of the party. contracting union. Prohibition being Provided in cases of imposed on individual unlawful withholding of member of the wages contracting union arising from any CBA. Prohibition is only Attorney’s fees are efected through forced indemnity for damages contributions from the ordered by the court to be workers from their own paid by the losing party to funds as distinguished the winning party. from the union funds. Chapter 3

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Appeal [Art. 229(former 223) to Art. 231 (former 225)] Appeal [Art. 229 (former 223)] Q: ________ Execution of Decisions, Orders or Awards [Art. 230 (former 224)] Figure no. ____, Who, When and How re: execution of decisions, order or awards How  issued?   •  Motu  Proprio   •  Motion  of  the  interested   party:  

Who?  

When?  

•  •  •  •  •  • 

•  5  years  from  the  date  it   becomes  Ninal  &   executory  

DOLE  Secretary   Regional  DIRECTOR   NLRC  Commissioner   Labor  Arbiter   Med-­‐Arbiter   Voluntary  Arbiter  

Execution  of   Decisions,   Orders  or   Awards  

Q: What is the purpose of having a writ of execution? A: It is to require the sheriff or a duly deputized officer to execute or enforce the final decisions, orders or awards of the DOLE Secretary or regional direction, the Commission, Labor Arbiter or Med-Arbiter, or voluntary arbitors. Q: When can the DOLE Secretary or NLRC Chairman designate a special sheriff and take any measures thereof? A: The DOLE Secretary, and NLRC Chairman may designate special sheriffs and take any measure under the existing laws to ensure compliance with their decisions.orders or awards, and those of the Labor Arbiters and voluntrary arbitrators, including the imposition of administrative fines which shall not be less than Php. 500.00 nor more than Php. 10,000.00 Contempt Powers of the Secretary of Labor [Art. 231 (former 225)] Note: In the exercise of his powers under this Code, the DOLE Secretary mau hold any person in direct and indirect contempt and impost the appropriate penalties therefor. Title III BUREAU OF LABOR RELATIONS (Arts 232 [formerly 226] to 239 [formerly 233] Bureau of Labor Relations

 

[Art. 232 (former 226)] Q: What is the original and exclusive jurisdiction of the BLR and Labor Relations Divisions (LRD)? A: The BLR and the LRD in the regional offices of DOLE, shall have original and exclusive authority to act, at their own initiaitive or upon request of either or both partien, on: (a) All inter-union and intra-union conflicts; and (b) All disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or nonagricultural. Q: What the units in the LRD and what are its functions? A: The 2 units of the LRD and its functions are: 1. Labor Organization and CBA Registration Unit – it is in charge of processing the applications for registration of independent unions, chartered locals, workers associations and CBAs, mainiting said records and all other reports and incidents pertaining to labor organizations and wrokers’ associations; 2. Med-Arbitration Unit in the Regional Officer – It conducts hearings and decides certification election or representation cases, inter/intra union and other related labor relations disputes. [Sec. 1(ee), Rule 1, Book V, LCP-IRR] Q: What is a Med-Arbiter? A: A Med-Arbiter refers to : 1. An officer in the Regional Office or in the Bureau; 2. Authroized to hear and decide: a. Representation cases; b. Inter/intra-union disputes; and c. Other related labor relations disputes, except cancellation of union registration cases Q: What are cases that falls within the jurisdiction of the Med-Arbiter? A: These are the following cases: 1. Representation (Inter-Union) cases: a. Certification/Consent Election b. Run-Off Election; c. Re-Run Election; d. The referral of the request for SEBA certification to th election officer; e. Request for SEBA Certification in organized establishment, for the determination of the propriety of conducting a certification election 2. Inter/intra-union disputes and other related labor disutes, except cancellation of union registration cases; 3. Actions arising from Art. 250 (241) à Any complaint or petition with allegations of

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mishandling, misappropriation or non-accounting of funds in violation of Art. 250 (241) shall be treated as an intra-union dispute. It shall be heard and resolved by the Med-Arbiter. Table no. ____, Jurisidictional Authority of Regional Directors and BLR on inter/intra union and registration related cases: Jurisdictional Authority Regional Directors Bureau of Labor Relations Complaints or Complaints or Inter/Intra petitions involving petitions involving Union federations, national labor unions with Disputes or industry unions, independent registrations, charted locals, workers’ associations, its officers or members

Disputes over conduct of election of officers

• Terms of the officer of the labor organization have expired and its officers failed or neglecteed to do so call for an election of new officers; • Labor organization’s constitution and bylaws do not provide for the manner by which the said election can be called or conducted and the intervention of DOLE is necessary

trade union centers and their chartered locals, affiliates or members organizations

Federations, national or industrial unions, trade union centers

• Requirement to file

the petition: At least 30% of themembers of the labor organization

Request for Request for examination of examination of books of accounts books of accounts of federations or of independent national unions labor unions, and trade union chartered locals centers. and workers’ associations Registration of Labor Organization Application • independent labor • Federations, unions, for • national or • chartered locals industrial registration and unions, Cancellation • workers’ • trade union of associations centers Registration Deregistration

Visitorial Powers (under Art. 289, LCP)

Q: What is a “Inter-Union Dispute”? A: It is any conflict between and among legitimate labor unions involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor unions. [Sec. 1 (y), Rule 1, Book V, LCP-IRR]

 

Q: What is a “Intra-Union Dispute”? A: It refers to any conflict between and among union members, including grievances arising from any violation of the rights and conditions of membership, violations of or disagreement over any provision of the union’s constitution and by-laws, or disputes arising from chartering pr affiliation of union. [Sec. 1(cc), Rule 1, Book V, LCP-IRR] Q: What covers Inter/Intra union disputes? A: Inter/Intra Union disputes includes: (a) Cancellation of registraton of a labor organization filed by its members or by another labor organization; (b) Condict of election of union and workers’ association officers/nullification of election of union and workers’ associatio officers; (c) Audit/accounts examination of union or workers’ association funds; (d) Deregistration of collective bargaining agreements; (e) Validity/invalidity of union affiliation or disaffiliation; (f) Validity/invalidity of acceptance/non-acceptance for union membership; (g) Validity/invalidity of SEBA Certification; (h) Oppositions of disagreements over any provision in a union or workers’ association constitution and by-laws; (i) Disagreements over chartering or registration of labor organizations and CBAs; (j) Violaitons of the rights andconditions of union or workers’ association membership; (k) Such other disputes or conflicts involving the rights to self-organization, union membership and collective bargaining: a. Between and amoing legitimate labor organizations; b. Between and among members of a union or workers’ association Q:

What covers “other related labor relations disputes”? A: it shall includes the following: (a) Any conflict between: a. A labor union and the employer; or b. A labor union and a group that is not a labor organization; or c. A labor union and an individual who is not a member of such union (b) Cancellation of registration of unions and workers association filed by individual/s other than its members, or group that is not a labor organization; and (c) A petition for interpleader involving labor relations. Compromise Agreements

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[Art. 233 (former 227)] Q: What is a compromised agreement? A: It is a contract whereby a parties, by making a reciprocal concessions, avoid a litigation or put an end to one already commenced. It is a greement by two or more persons, who, for preventing or putting an end to a lawsuit, adjust their difficulties by mutual consent in the manner which they agree on, and which everyone of them prefers to the hope of gaining, balanced by the danger of losing. [David vs. CA (GR no. 97240, October 16, 1992)] Q: What is the effect of a compromised agreement? A: It shall be final and binding upon the parties. Q: When can the Labor Arbiter assume jurisdiction over compromise agreement? A: When there is non-compliance by any of the parties, the LA shall exclusive and original jurisdiction to hear and decide on the enforcement of such compromise agreement. Q:

When can a compromise agreement be considered valid? A: It must not be contrary to law, morals, good customs and public policy; and must have been freely and inteligently executed by and between the parties. Also, a compromise agreement is valid as long as the consideration is reasonable and the employee signed the waiver voluntarily, with a full understanding of what he was entering into. [Magbanua vs. Uy (497 Phil. 511) and Eurotech Hair Systems vs. Go (532 Phil. 317)] Q: What are the requisites for a valid quitclaim? A: The requisites are: (1) The there is no fraud or deceit on the part of any of the parties; (2) That the consideration for the quitclaim is credible and reasonable; and (3) That the contract is not contrary to law, public order, public policy, morals or good customs or prejudicial to a 3rd person with a right recognized by law. [PNB vs. Dalmacio (GR no. 202308, July 5, 2017)] Mandatory Conciliation and Endorsment of Cases [Art. 234 (former 228)] Note: Art. 234 of the Labor Code has been repealed by RA 10396 and DOLE Dept. Order no. 151-15 known as SEnA (Single Entry Approach) Q: What is the “Single Entry Approach” or SEnA? A: It refers to the administrative approach to provide an accessible, speedy, impartial and inexpensive settlement procedure of all labor and

 

employmentissues through a 30-day mandatory and conciliation-mediation. [Sec. 4(k), DOLE Dept. Order no. 151-15] Q: What is the purpose of SEnA? A: It is to reconcile and settle the parties before their dispute shall ripen into a full blown case. Q: What are issues the are not subject to the 30-day mandatory conciliation-mediation (SEnA)? A: These are the following issues: (a) Notices of Strikes/Lockouts or preventive mediation cases with the NCMB; (b) Interpretation or implementation of the CBA and company personnel policies which should be processed through the grievance machinery; (c) Applications for exemption from Wage Orders with the NWPC; (d) Violations of: a. Alien Employment Permit; b. Private Employment Agency authority or license; c. Working Child Permits and violatons of the Anti-Child Labor Law; d. Registration under DO 174; e. Professional license issued by the PRC and violation of the Professional Code of Conduct; f. TESDA Accreditations; and g. Other similar permits, licenses or registrations issued by the DOLE or its attached agencies; (e) Violations of the POEA Rules and Regulations involving: a. Serious offenses and offenses penalized with cancellation of license; b. Disciplinary ations against overseas workers/seafarers which are considered serious offenses or which carry the penalty of delisting from the POEA registry at first offenses; c. Complaints initiated by the POEA;complaints against the agency whose license is revoked, cancelled, expired or otherwise delisted; and d. Complaints categorized under the POEA Rules and Regulations as not subject to SEnA (f) Issues of occupational safety and health standards involving: a. Imminent danger situation; b. Dangerous occurrences/disabling injury; and c. Absence of personal protective equipment Issuance of Subpeonas [Art. 235 (former 229)] The BLR shall have the power to require the appearance of any person or the production of any paper,

15  

document or matter relevant to a labor dispute under its jurisdiction, either at the request of any interested party or at its own initiative. Appointment of Bureau Personnel [Art. 236 (former 230)] The DOLE Sectary may appoint (in addition to the present personnel of the BLR and the Industrial Relations Divisions) such number of examiners and other assistants as may be necessary to carry out the purpose of the Labor Code. Registry of Unions and File of Collective Bargaining Agreements [Art. 237 (former 231)] Q: What is the administrative functions of the BLR and Labor Relations Divisions? A: They have the duty to: (a) To keep a registry of legitimate labor organization; (b) To maintain a file of all CBA and other related agreements and records of settlement of labor disputes and copies of orders and decisions of voluntary arbitrators; and (c) To maintain a file and undertake or assist in the publication of all final decisinos, orders and awards, of the DOLE Secretary, Regional Directors, and the Commission. Q: What is the period to register a CBA? A: Within 30 days from the execution of a CBA, the parties shall submit copies of the same directly to the BLR or the Regional Offices of DOLEfor registration, accompanied with verified proofs of its posting in 2 conspicuous places in the place of work and ratification by majority of all the workers in the bargaining unit. Prohibition on Certification Election [Art. 238 (former 232)] Q: What is a Contract Bar Rule? A: It is understand that “No petition questioning the majority status of the incumbent SEBA or petition for certification election may be filed outside of the Freedom Period of any Existing CBA” Q: What is duty of the BLR in a Contract Bar Rule and how it is applied? A: The BLR shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing CBA affecting the parties. For contract bar rule to apply, the law requires that the existing CBA affecting the parties must be duly registered.

A: The Contract Bar Rule shall not apply to the freedom period (60-day period prior to the existence of the CBA) referred in Art. 264, 265 and 268. Q: Can the employer suspend the negotiation because of a mere filing or a pending petition for certification election? A: NO, The mere filing of a petition for certification election does not ipso facto justify the suspension of negotiation by the employer. The petition must be filed during the 60-day freedom period. The “Contract Bar Rule” provides that “If a CBA has petition for certification election or a motion for intervention can only be entertained within 60-days prior to the expiry date of such agreement”. No petition for certification election for any representation issue may be filed after the lapse of the 60-day feedom period. The old CBA is extended until a new one is signed. The rule is that despite the lapse of the formal effectivity of the CBA, the law still considers the same as continuing in force and effect until a new CBA shall been validly executed. Hence, the contract bar rule applies to ensure stability in the relationship of workers and the company by preventing frequent modificatoins of any CBA earlier entered into them in good faith and for the stipulated original period. [Colegio de San Juan de Letran vs. Associtation of Emplloyees and Faculty of Letran (GR no. 141471, Sept. 18, 2000)] Q: Can the contract bar rule applies during a holdover (Art. 264)? A: Yes, If the CBA has expired and the SEBA Union and Employer had not concluded a new CBA, The Contract Bar rule still applies. Art. 264 states that it shall be the the duty of both parties to keep the status quo and to continue in full force and effect in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties. Despite the lapse if the formal effectivity of the CBA the law still considers the same as continuing in fore and effect until a new CBA shall have been validly executed. [National Congress of Unions in the Sugar Industry vs. Ferrer-calleja (GR no. 89609, January 27, 1992)] Privileged Communication [Art. 239 (former 233)] Q: What is the nature of information and statements made at conciliation proceedings? A: It shall be treated as privileged communication. Q: What are the effects of the information or statements is treated as privileged communication? A: The effects are: (a) It shall not be used as evidence in the NLRC;

Q: What is the Exception to the Contract Bar Rule?

 

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(b) Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them. Title IV LABOR ORGANIZATIONS (Arts. 240 [former 234] to Art. 252 [former 242-A]) Chapter 1 Registration and Cancellation [Art. 240 (former 234) to Art. 249 (former 240)] Requirements of Registration [Art. 240 (former 234)] Q: What is the meaning of “Registration”? A: It refers to the process of determining whether the application for registration of a union or workers’ association and collective bargaining agreement complies with the documentaty requirements for registration prescribed in Rules III, IV, and XVII of these rules [Sec. 1(rr), Rule 1, Book V, LCP-IRR] Figure no. ___, Effects of registration of labor organization:

National   Union  or   Industry  

Trade  Union   Center  

(d) If the applicant union has been in existence for one or more years, copies of its annual financial reports; and (e) 4 copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it. Registration of Labor Organization Process Table no: __, Venue to files the Labor Organization’s application for registration: Independent Unions, Federations, National Chartered Locals, Unions or Workers’s Workers’ Associations association operating in more than one region It shall be filed with the It shall be filed with the Regional Office where the BLR or at the Regional applicant principally Offices. operates. It shall be processed by It shall be processed by the Labor Relations the BLR in accordance Division at the Regional with Secs. 2-B and 2-D, Office in accordance with Rule III, Book V, LCP-IRR Secs. 2-A, 2-C, and 2-E, Rule III, Book V, LCP-IRR Table no. __, Requirements for Application: Independent Federations Workers Chartered Labor Unions and National Association Local Unions

Federation  

(1)  Acquire  legal   personality;  and   (2)  entitled  to  the   rights  and   privileges  granted   by  law  

Independent   union  

Sec. 2-A Rule III, Book V, LCP-IRR

Sec. 2-B Rule III, Book V, LCP-IRR

Sec. 2-C & D

Rule III, Book V, LCP-IRR

Sec. 2-E Rule III, Book V, LCP-IRR

Chartering and Creation of a Local Chapter [Art. 241 (former 234-A)] Q: When does a labor organization acquire legal status? A: Upon the issuance of a certification of registration by the Regional Director of the region the labor organization filed. Q: What are the requirements for the registration of a Labor Organization? A: The requirements are the following: (a) Php 50.00 registration fee; (b) Names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizatonal meetings and the list of the workers who participated in such meetings; (c) In case the applicant is an independent union, the names of all its members comprising at least 20% of all the employees in the bargaining unit where it seeks to operate;

 

Q: What is the meaing of “Chartered Local”? A: it refers to a local organization organization in the private sector operating at the enterprise level that acquire legal personality through registration with the Regional Office in accordance with Rule III, Sec. 2-E of these Rules. [Sec. 2, DOLE Dept. Order no. 40-B03] Q: How does chartered local created? A: A duly registered federation or national union may directly create a local chapter by issuing a charter certificate indicationg the establishment of the local chapter. [Sec. 2, RA 9481] Action on Application [Art. 242 (former 235)]

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Q: What is the period for the Bureau to act on the applications of registrations? A: The period shall be within 30 days from the filing of such application for registration. Figure no: __, Bureau’s Action on Application: Approve   Application  

• Issue  CertiNicate  of   Registration   • Acknowledge  the   report/notice  

A: Any party-in-interest may commence a petition for cancellation of registration, except in actions involving violation of Art. 250 (former 241) which can be only commenced by members of the labor organization concerned. [Sec. 2, Rule XIV, Book V, LCP-IRR] Table no. ___, Where to file a petition for cancellation of registration? Cancellation of registration; Where to file? Regional Office Bureau of Labor Regional which issued its Relations Director certification

BUREAU’S   ACTION     Deny   Appliation  

• deny  the   application   • failure  tocomply   with  the   requirements  

Denial of Registration; Appeal [Art. 243 (former 236)] “The decision of the Labor Relations Division in the regional office denying registration may be appealed by the applicant union to the Bureau within ten (10) days from receipt of notice thereof”

Additional Requirements for Federation or Nation Unions [Arts. 244 (former 237)] Q: What are additional requirements for federations or nationals? A: Subject to Art. 245 (former 238), if the applicant for registration is a federation or a national union, it shall, in addition to the requirements of the preceding articles, submit the following: (1) Proof of the affiliation of at least 10 locals or chapters, each of which must be a duly recognized collective bargaining agent in the establishment or industry in which it operates, supporting the registration of such applicant federation or national union; and (2) The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. Cancellation of Registration [Art. 245 (former 238)] Q: What is a “Cancellation Proceedings”? A: It refers to the legal process leading to the revocation of the legitimate status of a union or workers’ association. [Sec. 1 (h), Rule 1, Book V, LCP-IRR]

Independent labor union, local/chapter, workers organization

Voluntary Dissolution

Federations, National or Industry Unions and Trade Union Centers

Effect of a Petition for Cancellation of Registration [Art. 246 (former 238-A)] Q: What is the effect of a petition for cancellation of registration? A: The petition shall not suspend the proceedings for certification election nor shall it prevent the filing of a petition for certification election. [Sec. 4, RA 9481] Q: What are the remedies available for the union in case of cancellation? A: In case of cancellation, nothing herein shall restrict the right of the union to seek just and equittable remedies in the appropriate courts. [Sec. 4, RA 9481] Grounds for Cancellation of Union Registration [Art. 247(former 239)] Q: What are grounds for cancellation of unon registration? A: The following grounds for cancellation of union registration: (a) 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, and the list of members who took part in the ratification; (b) Misrepresentation, false statement or fraud in connection with the election of officers, minutes of the election of officers, and the list of voters; (c) Voluntary dissolution by the members; and (d) Violation of Art. 250 (former 241) LCP Q: What is the effect of inclusion of employee who are outside of the bargaining unit? A: The ineligible employees are automatically deemed removed from the list of membership of the union. [Sec. 6, Rule XIV, Book V, LCP-IRR]

Q: Who may file a Cancellation Proceedings?

 

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Q: What is the effect of affiliation of rank-and-file and supervisory unions? A: The affiliation of the rank-and-file and supervisory unions operating within the same establisment to the same federation or national union shall not be a ground to cancel the registration of either union. [Sec. 6, Rule XIV, Book V, LCP-IRR] Q: What is the nature or qualified condition of the misrepresentation in order to be a ground for cancellation? A: Misrepresentation, in order to be a ground for the cancellation of the certificate of registration, must be done maliciously and deliberately. Furthermore, the mistakes appearing in the application or attachments must be grave or refer to significant matters. The details as to how the alleged fraud was committed must also be indubitably shown. [Samahan ng manggagawa sa Hanjin Shipyard vs. BLR (GR no. 211145, October 14, 2015)] Voluntary Cancellation of Registration [Art. 248 (former 239-A) Q:

What are the requirement for Voluntary Cancellation of Registration? A: The registration of a legitimate labor organization may be cancelled by the organization itself, provided: (1) That at least 2/3 of its general membership votes, in a meeting duly called for that purpose to dissolve the organization; (2) That an application to cancel registration is thereafter submitted by the board of the organization, attested to by the president thereof. Equity of the Incumbent [Art. 249 (former 240)] Q: What is the concept of “Equity of the Incumbent”? A: All existing federations and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for cancellation shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliates. Chapter 2 Rights and Conditions of Membership [Art. 250 (former 241)] Q: What is the effect of violation of any of the rights and conditions of membership? A: It shall be a ground for cancellation of union registration or expulsion of officers from office, whichever is applicable. Q: Who may report of such violations?

 

A: At least 30% of the members of a union or any member/s specially concerned may report such violation to the BLR. Q: Is the 30% support requirement mandatory? A: NO, the 30% requirement is not mandatory because Art. 250 (former 242) states that a report of a violation of rights and conditions of membership in a labor organization may be made by at least 30% of all the members of a union or any member/s specially concerned. The assent 30% of the union members is a factor in the acquisition of jurisdiction by the BLR. [Rodriguez vs. BLR, 165 SCRA 239] Q: Who has the power to hear decide the violations under Art. 250, LCP? A: The Bureau (BLR) shall have the power to hear and decide any reported violation to mete the appropriate penalty. Q: Who has jurisdiction on the criminal/civil liabilities on violations of rights and conditions? A: Criminal and civil liabilities arising frion violations of above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts. Q: Who has the right to draw up constitutions and rules to elect representatives? A: Workers’ and employers’ organization shall have the right todraw up their constitution and rules to elect their representatives in full freedom, to organize their administration and activities and to formulate their programs. [Bautista vs. Villanueva (GR no. 194709, July 31, 2013)] Q: What is the meaning of “Check-off”? A: It is a process or device whereby the employer, on agreement with the Union, recognized as the proper bargaining representative, or on prior authorization from the employees, deducts union dues or agency fees from the latter’s wages and remits them directly to the Union. [Mariño, Jr. vs. Gamilla (GR no.149763, July 7, 2009)] Q: What is the rule on Check-Offs of Attorney’s fees? A: As a general rule, attorney’s fees, negotiaiton fees, and other similar charges may only be collected from union funds, not from the amounts that pertain to individual union members. However, special assessments or other extraordinary fees may be levied upon or checked off from any amount due an employee for as long as there is proper authirization by the employee. [Mariño, Jr. vs. Gamilla (GR no.149763, July 7, 2009)] Q: What are the requisites for a valid levy and checkoff of special assessments?

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A: These requisites are: (1) An authorization by a written resolution of the majority of all the union members at the general membership meeting duly called for the prupose; (2) Secretary’s record of the minutes of the meeting; and (3) Individual written authorization for check-off duly signed by the employee concerned. Chapter 3 Rights of Legitimate Labor Organizations [Art. 251 (former 242) to Art 252 (former 242-A)] Rights of Legitimate Labor Organizations [Art. 251 (former 242)] Q: What are the rights of a legitimate labor organization? A: These are the followings: (a) To act as the representative of its members for collective bargaining; (b) To be certified as the exclusive representative in an appropriate bargaining unit; (c) To be furnished by the employer with its annual audited financial statements, balance sheet and the profit and loss statement; (d) To own property, real or personal, for the use and benefit of the labor organization and its members; (e) To sue and be sued inits registered name; and (f) To undertake all other activities designed to benefit the organization and its members. Q: What are income and properties of a legitimate labor organizations that are tax exempted? A: The income and properties of a legitimate labor organizations, including grants, endowments, gifts, donatinos and contributinos they may receive from fraternal and similar organizations, local or foreign, which are actually, directly and exclusively used for their lawful purposes, shall be free from taxes, duties and other assessments. [Sec. 17, RA 6715] Reportorial Requirements [Art. 252 (former 242-A)] Table no.___, Documents Required to be submitted to the Bureau by the legitimate organization concerned: Documents Required Period 252-A • Constitution & By-Laws or Within 30 days from adoption or amendments thereto; ratification of the • Minutes of ratification; and constitution and • List of members who took by-laws or part in the ratification of the amendments thereto constitution and by-laws Within 30 days 252-B • List of officers; • Minutes of the election of from election officers; and

 

• List of voters 252-C • Annual financial report

252-D • List of members

Within 30 days after the close of every fiscal year At least once a year or required by the Bureau

Q: What is the effect when there is failure comply with the reportorial requirements? A: It shall not be a ground for cancellation of union registration but shall subject the erring officers or members to suspension, explsion from membership, or any appropriate penalty. [Sec. 7, RA 9481] Title V COVERAGE (Art. 253 [former 243] to Art. 257 [former 246]) Coverage and Employees’ Right to Self-Organization [Art. 253 (former 243)] Q: What is the concept of the Right to selforganization? A: It shall include the right to form, join or assist labor organizations for the purpose of collecive bargaining through representatives of their own choosing and to engage in lawful concerted actvities for the same purpose or for their mutual aid and protection, subject to the provisions of Art. 279 (former 264) of this Code. Table no. ___, Employees covered under Title V RIGHT TO SELF-ORGANIZATION INCLUDED EXCLUDED All persons employed in High-level employees commercial, industrial whose functions are and agricultural policy-making or enterprises and in managerial or whose religious, charitable, duties are of a highly medical, or educational confidential nature (Sec. institutions, whether for 3, EO. 180) profit or not Ambulant, intermittent Members of cooperatives and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organization for their mutial aid and protection. Supervisory Employees Managerial employees defined in Art. 219(m), and 255 “Employee” as defined in Members of the AFP, Art. 219(f) & Art. 292(c) including the Polcie

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Alien employees with valid working permits issued by DOLE, provided that they are nationals of a country which grants the same or similar rights to Filipino Workers, certified by the DFA Employees in the Public Service Homeworkers Contractor’s employees under DO 174 Employees of a cooperative who are not members thereof Members of the Iglesia ni Cristo (Reyes vs. Trajano (GR no. 84433, June 2, 1992) Security Guards (MERALCO vs. NLRC (GR no. 91902, May 20,1991) Working Child (Art. 111, Title VI, Chptr. 3m PD 608)

officers, policemen, firemen and jail guards (Sec. 3, EO 180) Confidential employees

Employees of International Organization with Immunity Non-employees ******* *******

*******

Q: When does a government employee be eligible to become a member of the employees’ organization? A: From the first day of such employees’ service. [Sec. 2, Rule II, Amended IRR governing the exercise of the right of government employees to organize, Sept. 28, 2004] Q:

*******

*******

Q: Right of Employees in the Public Service [Art. 254 (former 244)] Q: Who are employees referred in Art. 254 (former 244), LCP? A: These are the following government employees: (1) Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers; (2) All other employees in the civil service shall have the right to form associations for purposes not contrary to law. Table no. ____, Governing Laws for Employees’ Right to Organize in the Public Sector Governing Law Government Employees Other Government in the Civil Service Employees Executive Order no. 180, The Corporation Code, for for those government those government offices offices with original charter with charter issued by the SEC.

 

Q: Who may join employees’ organization in the public sector? A: Employees in agencies of the national government and their regional offices, attached agencies and their regional offices, state universities and colleges, government-owned or controlled corporations with original charters, and local government units, except as may be hereunder provided, can form, join or assist employees’ organizations, labor-management committees, work councils and other forms of employees’ participation schemes of their ownchoosing for the purposes above-stated. [Sec. 2, Rule II, Amended IRR governing the exercise of the right of government employees to organize, Sept. 28, 2004]

Who are not eligible to join employees’ organizatinos in the public sector? A: The following are not eligible to form, join, or assist any employees’ organization for purposes of collective bargaining: (a) High level, highly confidential and coterminous employees; (b) Members of the AFP; (c) Members of the PNP; (d) Firemen (BFP); (e) Jail Guards; and (f) Other personnel who, by the nature of their functions, are authorized to carry firearms, except when there is express written approval from management. Q: What are terms and conditions of employment which are negotiable matters or subject to negotiations? A: These are the following matters/concerns: (a) Schedule of vacation and other leaves; (b) Personnel growth and development; (c) Communication systems – internal (lateral and vertical), external (d) Work assignment/reassignment/detail/transfer; (e) Distrubition of work load; (f) Protection and safety; (g) Facilities for handicapped personnel; (h) First aid medical services and supplies; (i) Physical fitness program; (j) Family planning services for married women; (k) Annual medical/physical examination;

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(l)

Recreational, social, athletic and cultural activities and facilities; (m) CAN incentives; and (n) Other concerns which are not prohibited by law and CSC Rules and Regulations. Q: What are matters which are not negotiable? A: Increases in salary, allowances, travel expenses, and other benefits that are specifically provided by law are not negotiable. [Sec. 3, Rule II, Amended IRR governing the exercise of the right of government employees to organize, Sept. 28, 2004] Q: Do workers in the public sector enjoy the right to strike? A: NO, Government employees do not enjoy the right to strike because the terms and conditionsof their employment are fixed by law. Government workers cannot use the same weapons employed by the workers in the private sector to secure concessions from their employers. The releations between the private employer and employees rest on a voluntary basis, through CBA. However, in the government sector, it is the legislature and, where properly given delegated power, the administrative heads of government which fix the terms and conditions of employment. And this is effected through statutes or administrative circulars, rules and regulations, not through collective bargaining. Furthermore, if government workers are permitted to conduct strike, it would disrupt public peace pr the operation of government services and affect the rights of private individuals. [Alliance of Government Workers vs. DOLE, 124 SCRA 1] Ineligibility of managerial Employee to Join any Labor Organization; Right of Supervisory Employees [Art. 255 (former 245)] Q: What is the meaning of a “Managerial Employee”? A: It is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. [Art. 219 (m), LCP] Q: What is the meaning of “Supervisory Employees”? A: These are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. [Art. 219 (m), LCP] Q: What is a “Rank-and-File Employee”? A: An employee whose functions are neither managerial or supervisory in nature. [Sec. 1(nn). Rule, Book V, LCP-IRR]

 

Q: Are Managerial Employees eligible to join any labor organization? A: NO, Managerial employees are not eligible to join, assist or form any labor organization. Q: How do you determine whether the nature of the work is supervisory or managerial status? A: The test of supervisory or managerial status depends on whether a person possesses authority to act in the interest of his employer and whether such authority is not merely routinary or clerical in nature, but requires the use of independent judgment. [Clientlogic Phils., Inc. vs. Castro (GR no. 186070, April 11, 2011)] Q: Are the supervisory employes eligible to become member in the same bargaining unit with the rankand-file employees? A: NO, Supervisory employees shall not be eligible for membership in the collective bargaining unit of the rank-and-file employees but may join, assist or form a separate collective bargaining units and/or legitimate labor organizations of their own. Q: May the supervisory union and rank-and-file union allowed to join the same federation or national union? A: YES, The rank-and-file union and supervisory union operating within the same establishment may join the same federation or national union. Q: What is a Confidential Employee? A: These refers to employees which is entrusted with confidence on delicate matters, or with custody, handling, or care and protection of the employer’s property. [Natinoal Association of Trade Union vs. Torres , 239 SCRA 546] Q: What are the criterias of a Confidential Employee? A: Confidetial employees are those: (1) Who assist or act in a confidential capacity; and (2) Those Persons who formulate, determine, and effectuate management policies in the field of labor relations. Q: Are confidential employees allowed to join, assist or form a union or labor organization? A: NO, confidential employees are prohibited to join, assist or form a union or labor organization because it would result into a conflict of interest. In the case of Metrolab Industries, Inc. vs. Confessor (GR no. 108855, February 28, 1996), They are prohibited because: • If these employees would belong to or be affiliated with a Union, the latter might not be assured of their loyalty to the Union in view of evident conflict of interests. The Union can also become company-dominated with the presence

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of managerial employees in Union membership; or • They may act as spy or spies of either party to thecollective bargaining agreement; or • May bargain for advantages for themselves. Effect of Inclusion as Members of Employees Outside the Bargaining Unit [Art. 256 (former 245-A)] Q: What is the effect of inclusion as union members of employees outside the bargaining unit? A: It shall be a ground for the cancellation of the registration of the union. The said employees are automatically deemed removed from the list of membership of said union. [Sec. 9, RA 9481] Q: What is the Doctrine of “Necessary Implication”? A: It means that what is implied in a statute is as much a part thereof as that which is expressed. [National Association of Trade Union vs Torres (GR no. 93469, December 29, 1994)] Q: Can a petition for certification election be dismiss on the ground that the labor organization’s membership consists of supervisory and rankand-file employees? A: NO, After a labor organization has been registered, it may exercise all the rights and privileges of a legitimate labor organization. Any mingling between supervisory and rank-and-file employees in its membership cannot affect its legitimacy forthat is not among the grounds for cancellation of its registration, unless such migling was brought about by misrepresentation, false statement or fraud under Art. 247 (former 239), LCP. [Holy Child Catholic School vs. Sto. Tomas (GR no. 179146, July 23, 2013)] Q: What is the remedy in case of incusion of disqualified employee in union due to falsity? A: The aggrieved party (generally the employer) shall directly file a petition for ancellation of the union’s certificate of registration due to misrepresentation, false statement, or fraud under Art. 247(239), LCP before the Regional Director of DOLE. [Sta. Lucia Commercial Corp. vs. DOLE Secretary (GR no. 162355, August 14, 2009)] Non-Abridgment of Right to Self-Organization [Art. 257 (former 246)] Q: What is the “Non-abridgment of right to selforganization” pertains to? A: It shallbe unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers intheir exercise of their right to self-organization.

 

Title VI UNFAIR LABOR PRACTICES (Art. 258 [former 247] to Art. 260 (former 249) Chapter 1 Concept of Unfair Labor Practices and Procedure for Prosecution Thereof [Art. 258 (former 247)] Q: What is the concept of ULP? A: Unfair labor practices: (1) Violate the constitutional right of workers and employees to self-organization; (2) Inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect; (3) Disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations; (4) It does not only violates the civil right of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided. Q: What covers the civil aspect of all ULP cases? A: Said civil aspects may include claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative reliefs. Recovery of it in the Table no. ____, Jurisdiction of Unfair Labor Practices: Civil Aspect Criminal Aspect Labor Arbiter Concurrent MTC or Jurisdiction RTC Q: What is the prescriptive period to file a criminal complaint due to ULP? A: It shall be filed with the appropriate agency within 1 year from the accrual of such ULP, otherwise, they shall be forever barred. Q: What is the effect of a pending administrative cases for ULP? A: It shall interrupt the period of prescription of the criminal offenses. Q: What is the effect if there is a final judgment in that administrative proceeding? A: The said judgment shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. Table no: ___. Matrix of ULP cases committed by the Employer vs. Labor Organizations: Unfair Labor Practices Labor Organization, Officers, Employers

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Agent/ Representatives (a) To interfere with, restrain or coerce employees in the exercise of their right to self-organization;

(b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs; (c) To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their right to selforganization; (d) 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; (e) To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except 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 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 (o) of this Code shall not apply to the nonmembers of the recognized collective bargaining agent; (f) To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code; (g) To violate the duty to bargain collectively as prescribed by this Code;

*******

 

(a) To restrain or coerce employees in the exercise of their right to selforganization. However, a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership;

*******

*******

******* (b) To cause or attempt to cause an employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members;

(h) To pay negotiation or attorney’s 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 (i) To violate a collective bargaining agreement.

negotiations; (e) To ask for or accept negotiation or attorney’s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute; or (i) To violate a collective bargaining agreement.

Chapter 2 Unfair Labor Practices of Employers [Art. 259 (former 248)] Interferance, Restrain, Coercion Art. 259 (a) Q: What constitutes direct and indirect interference of the employer? A: The followings cases are: (a) Denying union organizers access to employees; (b) Blacklisting ir threatening to blacklist employees; (c) Asking employees about their union membership or activities; (d) Accepting an offer by the majority of the employees to abandon their union in return for wage increases to them; (e) Accosting strikers ir a picket line in order to persuade them to cease picketing and abandon the strike Q: How does an indirect interference committed? A: An indirect may be committed by persons whose close connection with the employer make them partial or bias to management along the areas connected with the union organization of rank-and-file workers. Q: How does Economic coercion is committed? A: It takes place when the employer grants bonuses to strikers who return to work while withholding it to those who continue to strike, or promising employment rather than lay-offs or wage increases to some workers prior to and to influence the election of some union officials or during strike.

******* (c) To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees; (d) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any 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

Q: What is the “Test of interference and Coercion by Employer”? A: The test refers to “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 interference that anti-union conduct of the employer does have an adverse effect on self-organization and collective bargaining. [Insular Life-NATU vs. Insular Life, 147 Phil. 194]

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Yellow Dog Contract Art. 259 (b) Q: What is a “Yellow dog Contract”? A: It is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to join a union during the course of his employment. Q: What are the requisites for the application of Art. 259 (b) [former 248(b)]? A: To require as a condition of employment that a person or an employe shall: (1) Not join a labor organization; or (2) Shall withdraw from one to which he belongs. Chapter 3 Unfair Labor Practices of Labor Organizations [Art. 260 (former 249)] Restrain or Coercion by Labor Organization Art. 260 (a) Q: What are acts of restraint or coercion? A: These are the following acts: (a) Preventing employees who do not desire to join a union strike from going to and returning from work during a strike; (b) Pickets threathening employees who desire to enter the plant with physical violence; (c) Union agen pushing a non-striker against the wall and threatening himwith bodily harm; and (d) Preventing non-strikers ingress to the plant by blocking and threatening them with physical harm. Additional Notes from Azucena: • Labor organization commits ULP if it retrains or coerced an employee if such employee is exercising his right to refuse to participate in or recognize a strike. • Likewise, this ULP is committed if the union threatens employees with bodily harm in order to force them to strike. • NOTE: in art. 259 (ULP committed by the employer) — ULP is committed through Interference, Restraint, or Coercion, however, ULP under Art. 260 — Interference is left out. o Rationale? — A labor organisation may interference in the employees’ right to selforganization as long as the interference does not amount to restraint or coercion. o Examples: § A union campaigns for membership even among members of another union. § A union, at the appropriate time, files a petition to dislodge an incumbent bargaining union; § A bargaining union, through a union security clause, requires an incoming employee to join the union or when the occasion rises, persuades non-striking employees to join a strike.

Union-Induced Discrimination Art. 260 (b)

 

Q: What are discriminatory acts referred in this section? A: The discriminatory acts referred are as follows: 1. To cause or attempt to cause an employer to discriminate against an employee; 2. Discrimination against an employee with respect to whom membership in such organization has been denied; 3. To terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members. Additional notes from Azucena: • This refers to discrimination in terms of hiring or firing, inn lay-off, in seniority, or in benefits. • ARBITRARY USE OF THE union Security Clause is forbidden (Salunga vs. CIR, 21 SCRA 216) o Facts: Salunga signed from the union out of disappointment, thereafter, the union requested the company to dismiss Salunga pursuant to the closeprovision of the CBA. Upon learning this, Salunga tried to withdraw his resignation but the union denied it and requested his dismissal to the Company which the Company acceded to. o RULING: The Union committed ULP and Salunga was illegally dismissed. Labor unions are not entitled to arbitrary exclude qualified applicants for memberships, and a closed-shop provision would 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 therefor. • Asking help from Another union is not an act of disloyalty (Rance, et. Al. Vs. Polybag Manufacturing Workers’ Union (GR no. 68147, June 30, 1988)) o Facts: Union members were expelled by their union for disloyalty because they allegedly join NAFLU (another federation), hence they are also dismissed by the Corporation upon the union’s demand. However, the dismissed members claimed they their expulsion and dismissal is invalid because they did not affiliate with NAFLU. o RULING: The members were illegally dismissed from work because they are denied of due process. The mere act of seeking help from NAFLU cannot constitute disloyalty as contemplated in the CBA. At most it was in the NAFLU who took the cudgels for them. They are deprived of fair play.

Refusal to Bargain Art. 260 (c) A union violates its duty to bargain collectively by entering negotiation with a fixed purpose of not reaching an agreement or signing a contract. Featherbedding and Make-Work Arrangements Art. 260 (d)

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Featherbedding or Make-Work — a term given to employee practices which create or spread employment by “unnecessarily” maintaining or increasing the number of employees used, or the amount of time consumed, to work on a particular job. CBA Deal with Employer Art. 260 (e) CBA DEAL WITH EMPLOYER: • Asking for or accepting some “fee” from the employer as part of CBA or dispute settlement is considered ULP. • It is a reprehensible betrayal of trust, an act that deserves condemnation of the highest order. Title VII COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS (Art. 261 [former 250] to Art. 272 [former 259]) Procedure in Collective Bargaining [Art. 261 (former 250)] Figure no. ____, Procedure of Collective Bargaining in accordance with Art. 261, LCP

the parties to participate fully and promptly in the conciliation meetings the Board may call; d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator Duty to Bargain Collectively [Art. 262 (former 251) to Art. 264 (former 253)] Table no. ___, Matrix of Duty to Bargain Duty to Bargain (Art. 263) The performance of a mutual 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 such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.

Without CBA Duty of the employer and the representatives of the employees to bargain collectively in accordance with the provisions of this code.

With CBA • Neither party shall terminate nor modify the CBA during its lifetime. • However, either party can serve a written notice to terminate or modify the CBA at least 60 days prior to its expiration. • It shall be the duty of both parties to keep the status quo and to continue in full force or effect the terms and conditions of the existing agreement during the 60day period and/or until a new agreement is reached by the parties.

Terms of Collective Bargaining Agreement [Art. 265 (former 253-A)]

Explanation: a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice; b. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request. c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of

 

“Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the representation aspect is concerned, be for a term of five (5) years. No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment outside of the sixty-day period immediately before the date of expiry of such five-year term of the Collective Bargaining Agreement. All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution. Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement, shall retroact to the day immediately following such date. If any such agreement is entered into beyond six months, the parties shall agree on the

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duration of retroactivity thereof. In case of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties may exercise their rights under this Code.”

REQUEST FOR S.E.B.A. (DO 40-I-15) !  Request for SEBA repealed voluntary recognition !  The requesting union must not have any other exisitng union in the

Injunction Prohibited [Art. 266 (former 254)]

same establishment, otherwise, the regional director shall render it as a Petition for Certification Election.

“No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 225 (218) and 279 (264) of this Code” Exclusive Bargaining Representation and Workers’ Participation in Policy and Decision-Making [Art. 267 (former 255)] Codal Provision: The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.

REQUEST FOR S.E.B.A. (DO 40-I-15)

Filing of Request of SEBA at Regional Office (DOLE) • Name and Address of the requesting Legitimate Labor Organization • Name & Address of the Company • Bargaining Unit it sought to represent • Approximate Number of the Bargaining Unit • Statement of Existence/NonExistence of Any Labor Organization

Regional Director shall determine compliance of the Request • He may request a copy of payroll • If the request is insufficient, he shall ask the requester to comply (10 days only, otherwise, the request shall be withdrawn

If the request is in compliance

CERTIFICATION • Validity: 1 Year Only

• Regional Director shall call a conference and ask the union to submit the following requirements: • Names of Employees who signed the certification (majority needed) • Under oath statement of the President that all are true and correct copy

PETITION FOR CERTIFICATION ELECTION ! Process of determining, ordered by DOLE, through

Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decisionmaking processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment.

UNION REGISTRATION !  In order for a union to

h av e p e r s o n a l i t y t o negotiate with the employer for collective bargaining, it must be certified as the Sole and Exclusive Bargaining Agent (SEBA).

Union Registration

Consent Election

 

PETITION FOR CONSENT ELECTION ! Process of determining, agreed by the parties,

through secret balloting bargaining representative appropriate bargaining collective bargaining or Rule 1, Book V, Labor Rules and Regulations)

the sole and exclusive of the employees in an unit for purposes of negotiation. (Sec. 1(h), Code – Implementing

PETITION FOR CONSENT ELECTION

Request for SEBA

Certification Election

secret balloting the sole and exclusive bargaining representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. (Sec. 1(h), Rule 1, Book V, Labor Code – Implementing Rules and Regulations)

Run-Off Election

“In case the contending unions agree to a consent election, the Med-Arbiter shall not issue a formal order calling for the conduct of certification election, but shall enter the fact of the agreement in the minutes of the hearing. The minutes of the hearing shall be signed by the parties and attested to by the Med-Arbiter. The Med-Arbiter shall, immediately forward the records of the petition to the Regional Director or his/her authorized representative for the determination of the Election Officer by the contending unions through raffle. The first pre-election conference shall be scheduled within 10 days from the date of entry of agreement to conduct consent election” [Sec. 10, Rule VIII, DOLE DO. 40-03]

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HOW TO CONDUCT A CERTIFICATION OR CONSENT ELECTION?

VOTING: SECRET BALLOT “To ensure secrecy of the ballot, the Ellection Officer, together with the authorized representatives of the contending unions, shall before the start of the actual voting, inspect the polling place, the ballot boxes and the polling booths.

Pre-Election •  Raffle of Cases •  Pre-Election Conference

Voters

Voting process

Canvassing

•  Who are •  Secret Balloting •  Who’s duty to eligible to vote? •  Markings Canvass the votes? •  Spoiled Ballots

Certification •  Effect of Certification

PRE-ELECTION: RAFFLE OF THE CASE “Within 24 hours from receipt of the notice of entry of final judgment granting the conduct of the a certification election, the Regional Director shall cause the raffle of the case to an Election Officer who shall have control of the pre-election conference and election proceedings.” [Sec. 1, Rule IX, DOLE DO. 40-03]

PRE-ELECTION: CONFERENCE “Within twenty-four (24) hours from receipt of the assignment for the conduct of a certification election, the Election Officer shall cause the issuance of notice of preelection conference upon the contending unions and the employer, which shall be scheduled within ten (10) days from receipt of the assignment.  The pre-election conference shall set the mechanics for the election and shall determine, among others, the following:  (a) 

(b)  (c)  (d)  (e) 

Date, time and place of the election, which shall not be later than 45 days from the date of the first pre-election conference, and shall be on a regular working day and within the employer's premises, unless circumstances require otherwise; List of eligible and challenged voters; Number and location of polling places or booths and the number of ballots to be prepared with appropriate translations, if necessary; Name of watchers or representatives and their alternates for each of the parties during election; Mechanics and guidelines of the election

No device that could record or identify the voter or otherwise undermine the secrecy and sanctity of the ballot shall be allowed within the premises, except those devices brought in by the election officer. Any other device found within the premises shall be confiscated by the election officer and returned to its owner after the conduct of the certification election. [Sec. 12, Rule IX, DOLE DO. 40-I-15]

VOTING: MARKINGS OR CASTING !  The voter must put a cross (X) or check (✔) mark in the square

opposite the name of the chosen union or “NO UNION” if she does not want to be represented by any union. !  If the voter inadvertently spoils a ballot, he/she shall return it to the

Election Officer who shall destroy it and give him/her another ballot. !  Any member of the bargaining unit who is unintentionally omitted in

the master list of voters may be allowed to vote if both parties agree, otherwise, he/she will be allowed to vote but the ballot is segregated [Sec. 13, Rule IX, DOLE DO. 40-I-15]

VOTING: SPOILED BALLOTS ! Also known as Abstention !  A blank or unfilled ballot validly cast by an eligible voter.

! It is not condisered as a negative vote. However it shall be

considered a valid vote for purposes of determining a valid election. ! If the voter inadvertently spoils a ballot, he/she shall return it to the Election Officer who shall destroy it and give him/ her another ballot. (Sec. 1, Rule 1 & Sec. 13, Rule IX, DOLE DO. 40-I-15)

VOTERS: WHO ARE ELIGIBLE? 1.  Regular Employees 1. 

All employees who are members of the appropriate bargaining unit 3 MONTHS PRIOR TO THE FILING OF THE PETITION/REQUEST shall be eligible to vote (Sec. 10, Rule IX, DOLE DO. 40-I-15)

2.  Dismissed Employees 1.  2. 

His termination case must not have a final judgment yet; and His cases is pending at the time of the issuance of the notice of the Petition for Certification Election

3.  Probationary Employees 1. 

Q: What is an “Organized Establishment”? A: It refers to an enterprise where there exists a recognized or certified sole and exclusive bargaining agent.

He must render 3 Month services before he can be eligible to vote

4.  Contested Employees 1. 

Representation Issue in Organized Establishments [Art. 268 (former 256)]

The are allowed to vole but their vote shall be in a separate ballot box.

Q: When can you file a petition for certification election in an organized establishment? A: It is only within the “Freedom Period” or 60 days before the expiration of the CBA in which the MedArbiter shall automatically order an election by secrt ballot when a verified petition is filed. Q: What is included with the verified petition? A: A written consent of at least 25% of all the employees in the bargaining unit.

 

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Q: What is the requirement of having a valid election and to be certified as a bargaining agent? A: It must have at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit.

Q: What is the meaning of “Employer as a Bystander” Principle? A: It means that in all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall be considered a party thereto with concominant right to oppose a petition for certification election.

Q: What is the meaning of “Run-Off Election”? A: It refers to an election between the labor unions receiving the two (2) higher number of voters when a certification election which provides for three (3) or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.

Q: What are the limits of employer’s participation in certification election? A: These are the following limitations: (1) Being notified or imformed of petitions of such nature; and (2) Submitting the list of employees during the preelectoin conference should the MediatorArbitrator act favorably on the petition.

Q: What is the “Double-Majority” Rule: A: This refers to “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. [NUWHRAIN vs. Sec. of Labor (GR no. 181531, July 31, 2009)]

Q: What is the exception to the “Employer as Bystander” Principle? A: However, Manifestation of facts the would aid the mediator-arbiter in expeditiously resolving the petition such as existence of a contract-bar, one year bar or deadlock bar may be considered. The contract bar rule shall apply in any of the following: (1) When there exists an unexpired registered CBA; or (2) When there is no challenge on the representation status of the incumbent of the incumbent union during the freedom period. [Sec. 1, Rule VII, DOLE Dept. Order no. 40-I-15]

Petitions in Unorganized Establishments [Art. 269 (former 257)] Q:

What is the meaning of “Unorganized Establishment”? A: It refers to any establishment where there is no certified bargaining agent. Q: What is the effect of filing a petition for certification election in unorganized establishments? A: An petition for certification election shall automatically be conducted by the Med-Arbiter upon filing of the petition.

Appeal from Certification Election Orders [Art. 272 (former 259)]

When an Employer May File Petition [Art. 270 (former 258)]

“Any party to an election may appeal the order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated. Such appeal shall be decided within fifteen (15) calendar days.”

“When requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election.

Title VII-A GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION (Art. 273 [former 260] to Art. 277 [former 262-B])

All certification cases shall be decided within twenty (20) working days.

Grievance Machinery and Voluntary Arbitration [Art. 273 (former 260)]

The Bureau shall conduct a certification election within twenty (20) days in accordance with the rules and regulations prescribed by the Secretary of Labor.”

Employer as Bystander [Art. 271 (former 258-A)]

 

“The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.

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All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement. For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.” Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators [Art. 274 (former 261) to Art. 275(former 262)] Q: What falls under the jurisdiction of the Voluntary Arbiters? A: These are the following: (a) All grievances arising from the implementation or interpretation of CBA and interpretation and enforcement of Company personnel policies; (b) Wage distortion issues arising from the application of any wage orders in an organized establishments (c) Unresolved grievances from interpretation or implementation of productivity incentive program under RA 6971; (d) Any other labor dispute submitted to Voluntary Arbitration and agreed by the parties to the labor dispute. Q: Does the Voluntary Arbitrator have jurisdiction over OFW with CBA, rather than the Labor Arbiter (NLRC)? A: YES, Voluntary Abitrator shall have jurisdiction over OFW cases with CBA because Sec. 7, Rule VII of the Implementing Rules and Regulation of the Migrant Workers Act (now RA 10022) states that for OFWs with collective bargaining agreements, the case shall be submitted for voluntary arbitration in accordance with Articles 261 and 261 (now 275 and 276) of the Labor Code. It only in the absence of a CBA that parties may opt to submit the dispute to either the NLRC or voluntary arbitrator. [Estate of Dulay vs. Aboitiz Jebsen Maritime (GR no. 172642, June 13, 2012)]

 

Procedures [Art. 276 (former 262-A)] Figure no. ___, Typical Steps in the Grievance Level:

Step  1   Step  2   Step  3   Step  4  

•  SHOP  FLOOR  LEVEL   •  Presentation  by  the  employee  problems  to  the  foreman  or  supervisor  who  would  listen   to  the  employee  and  record  the  facts  of  the  problem.  the  supervisor  should  settle  the   problem  within  3  days.  if  the  employee  is  not  satisNied,  proceed  to  Step  2  

•  PLANT  LEVEL   •  Discussion  of  the  problem  between  the  employee,  the  supervisor,  and  the  department   manager  takes  place.  if  no  satisfactory  solution  within  7  days,  proceed  to  Step  3  

•  TOP  LEVEL   •  Discussion  of  the  problem  between  the  supervisor,  the  department  manager,  the   complainant,  and  top  management  (President  or  General  Manager).  If  no  satisfactory   solution  within  10  days,  proceed  to  Step  4  

•  ARBITRATION  LEVEL   •  the  problem  or  case  may  be  taken  to  voluntary  arbitration  for  Ninal  decision  

Cost of Voluntary Arbitration and Voluntary Arbitrator’s Fee [Art. 277 (former 262-B)] Q: What are the factors that should be considered for Voluntary Arbitrator’s fee? A: These are the following factors: (a) Nature of the case; (b) Time consumed in hearing the case; (c) Profession standing of the Voluntary Arbitrator; (d) Capacity to pay of the parties; and (e) Fees provided for in the Revised Rules of Court.

Note: The parties to a CBA shall provide therein a proportionate sharing scheme on the cost of the voluntary arbitration including the Voluntary Arbitrator’s Fee.

Title VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES (Art. 278 [former 263] to Art. 287 [former 272]) Chapter 1 Strikes and Lockouts [Art. 278 (former 263) to Art. 281 (266)] Strikes, Picketing and Lockouts [Art. 278 (former 263)] Q: What is strike?

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A: Any temporary stoppage of work by concerted action of employees as a result of an industrial or labor dispute. [Art. 219(o), LCP] Q: What is lockout? A: Any temporary refusal of the employer to furnish work as a result of an industrial or labor dispute. [Art. 219(o), LCP] Q: What is the meaning of “Peaceful Picketing”? A: It is the right of workers during strikes consisting of the marching to and fro before the premises of an establishment involved in a labor dispute, generally accompanied by the carrying and display of signs, placards or banners with statements relating to the dispute. [DOLE Primer on Strike, Picketing and Lockouts] Q: What are grounds in order to declare Strike or Lockout? A: A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices. [Sec. 5, Rule XXII, Book V, LCP-IRR] Q: What are the exceptions to declare Strike or Lockout? A: The following are instances when strike or lockout may not be declared: (1) Violations of CBA, except flagrant and malicious refusal to comply with its economic provision; or (2) Grounds involving inter-union and intra-union disputes, or without first having filed a notice to strike/lockout, or without the necessary strike or lockout vote having been obtained and reported to the NCMB; or (3) Assumption of jurisdiction by the DOLE Secretary or after certification or submission or during the pendency of cases involving the same grounds for the strike or lockout. Q: Who may declare a strike or lockout? A: Any certified or duly recognized bargaining representative may declare a strike in cases of ULP and Bargaining Deadlocks. On the other hand, the employer may declare a lockout in the same cases. [Sec. 6, Rule XXII, Book V, LCP-IRR] Q: Can a legitimate labor organization declare a strike? A: YES, In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization in the establishment may declare a strike but only on grounds of ULP. [Sec. 6, Rule XXII, Book V, LCP-IRR] Table no. ___, Filing a notice of strike or lockout? ULP Bargaining Deadlock When At least 15 days At least 30 days

 

Where

before the intended date of strike/lockout Labor Arbiter; Regional Branch of NCMB

before the intended date of strike/lockout Regional Branch of NCMB

Q: When can the 15-day cooling-off period not be applied? In other words, when does the filing of the 15-day (ULP Cases) requirement is not applicable? A: In case of unfair labor practice involving the dismissal from employment of any union officer duly elected in accordance with the union constitution and by-laws which may constitute union-busting where the existence of the union is threatened. [Sec. 7, Rule XXII, Book V, LCP-IRR] Table no. ____, Form of the Notice to Strike or Lockout: Contents of notice: 1. The names and addresses of the employer and the union involved; 2. The nature of the industry to which the employer belongs; 3. The number of union members and of workers in the bargaining unit; 4. Such relevant data as may facilitate the settlement of the dispute, such as a brief statement or enumeration of all pending labor disputes involving the same parties.

Additional Contents Bargaining Deadlock ULP • State the unresolved issues in • State the acts the bargaining negotiations complained of and and be accompanied by the written proposals of the • The efforts taken to resolve the dispute. union, • the counter-proposals of the employer and • the proof of a request for conference to settle the differences.

Q: What is the effect when the notice does not conform to the requirements? A: The regional branch of the NCMB shall inform the concerned party of such fact in order for it to comply. [Sec. 8, Rule XXII, Book V, LCP-IRR] Q: Can the notice be treated as a preventive mediation case? A: YES, Upon agreement of the parties, the regional branch of the NCMB may treat a notice as a preventive mediation case. It shall also encourage the parties to submit the dispute to voluntary arbitration. [Sec. 9, Rule XXII, Book V, LCP-IRR] Q: What are the duties of the parties in case the notice shall undergo and during mediation and conciliation proceedings? A: The parties shall not do any act which may disrupt or impede the early settlement of the dispute. They are

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obliged to bargain collectively in good faith and to participate fully and promptly in the conciliation meetings called by the regional branch of the NCMB. [Sec. 9, Rule XXII, Book V, LCP-IRR] Table no. ___, Strike or Lockout Vote manner: In case of Corporation, In case of Union A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose.

Association or Partnership A decision to declare a lockout must by a majority of the board of directors of the corporation, association, or of the partners in a partnership, obtained by a secret ballot in a meeting called for that purpose.

Q: Can the DOLE supervise the conduct of secret balloting? A: YES, the DOLE may, at its own initiative or upon the request of the party/ies, supervise the conduct of the secret balloting. [Sec. 10, Rule XXII, Book V, LCPIRR] Q: What is the duty of the parties regarding the Notice of Strike/Lockout Results: A: The union or the employer shall furnish the DOLE the results of the voting at least 7 days before the intended strike or lockout, subject to the cooling-off period herein provided. Q: What will happen if the dispute remains unsettled after the lapse of the requisite number of days from the filing of the notice of strike/lockout and of the results of the election required? A: The labor union may conduct strike or the employer may lockout its workers. However, the regional branch of the NCMB shall continue to mediate and conciliate the issue/dispute. [Sec. 11, Rule XXII, Book V, LCP-IRR] National Interest Case; Assumption of Jurisdiction Q: What are the conditions needed before the DOLE Secretary assume jurisdiction over the labor dispute? A: When a labor dispute causes or is likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor may assume jurisdiction over the dispute or certify to the NLRC for compulsory arbitration, provided, that any of the conditions is present: (a) Both parties have requested the Secretary of Labor and Employment to assume jurisdiction over the labor dispute; or (b) After a conference called by the Office of the Secretary of Labor and Employment on the propriety of its issuance, motu proprio or upon

 

request or petition by either parties to the labor dispute. Q: What are the effects when the DOLE Secretary assume jurisdiction? A: Such assumption or certification shall have the effect of: (a) Automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order; (b) If a strike/lockout has already taken place at the time of assumption, all striking or lockout employee and other employees subject of the notice of strike shall immediately return to work and the employer shall immediately resume operations and readmit all employees under the same terms and conditions prevailing before the strike or lockout; (c) Notwithstanding the foregoing, parties to the case may agree at any time to submit the dispute to the DOLE Secretary or his duly authorized representative as Voluntary Arbitrators. Q: What is the rule on Prohibition of Law Enforcement agencies or public officials/employees, armed persons, private security guard during strike? A: No public official or employees, including officers and personnel of the Armed Forces of the Philippines (AFP), or the PNPs, or armed person, private security guards and similar personnel in the private security agency shall bring in, introduce or escort in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of workers. The police force shall keepout of the picket lines, unless actual violence or other criminal acts occur therein. [Sec. 19, Rule XXII, Book V, LCP-IRR] Q: What is the exception to the rule on prohibition in the preceding question? A: Any public officer, the DOLE Secretary or the NLRC, may seek the assistance of law enforcement agencies to maintain peace and order, protect life and property, and/or enforce the law and legal order pursuant to the provisions of the joint DOLE-DILGPEZA guidelines in the conduct of PNP personnel, Economic Zone Police and security guards, company security guards and similar personnel during the labor disputes. [Sec. 19, Rule XXII, Book V, LCP-IRR] Q: Can workers/employer in hospitals, clinics, or similar medical institutions conduct strikes/lockouts? A: NO, in line with the national concern for an the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent

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possible, be avoided, and all serious efforts shall be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise of its right to strike and lockout. [Art. 278(g) (former 263(g), LCP] Q: What are the duties of the parties in a labor dispute adversely affecting the continued operation of such hospital, clinics or medical institution? A: It shall be the duty of the striking-union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most specially emergency cases, for the duration of the strike or lockout. [Art. 278(g) (former 263(g), LCP] Q: Can the President of the Philippines exercise jurisdiction over strikes/lockouts in an industry indispensable to the national interest? A: YES, The President of the Philippines shall be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over such labor dispute in order to settle or terminate the same. [Art. 278(g) (former 263(g), LCP] Q: What are industries that are indispensable to the national interest? A: These are the following cases: (a) Hospital sector; (b) Electric power industry; (c) Water supply services, excluding small water supply services such as bottling and refilling stations; (d) Air traffic control; (e) Education institutions; and (f) Other industries recommended by the National Tripartite Industrial Peace Council (TIPC) Q: Is a “Return-to-work” order interferes with Management Prerogative? A: NO, assumption and certification orders are executory in character and are to be strictly complied with by the parties, even during the pendency of any petition questioning their validity. Accepting back workers pursuant to a “Return-to-work” order is an obligation mandated by law for employer to faithfully comply with. It does not interfere with management prerogative, but merely regulates it when, in the exercise of such right, national interests will be affected. Let it be noted that Management prerogative is not absolute. [YSS Employees Union-

 

PTGWO vs. YSS Laboratories (GR no. 155125, December 4, 2009)]

Prohibited Activities [Art. 279 (former 264)] a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry. No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout. Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike. b. No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats or intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference. c. No employer shall use or employ any strike-breaker, nor shall any person be employed as a strikebreaker. d. No public official or employee, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided, That nothing herein shall be interpreted to prevent any public officer from

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taking any measure necessary to maintain peace and order, protect life and property, and/or enforce the law and legal order. (As amended by Executive Order No. 111, December 24, 1986) e. No person engaged in picketing shall commit any act of violence, coercion or intimidation or obstruct the free ingress to or egress from the employer’s premises for lawful purposes, or obstruct public thoroughfares. Improved Offer Balloting [Art. 280 (former 265)] In case of a strike (1st Paragraph)

In case of lockout (2nd paragraph)

In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret ballot on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.

In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.

Requirement for Arrest and Detention [Art. 281 (former 266)] “Except on grounds of national security and public peace or in case of commission of a crime, no union members or union organizers may be arrested or detained for union activities without previous consultations with the Secretary of Labor.” Chapter 3 Assistance to Labor Organizations [Art. 282 (former 267) to Art. 283 (former 268)] Assistance by the Department of Labor [Art. 282 (former 267)] “The Department of Labor, at the initiative of the Secretary of Labor, shall extend special assistance to the organization, for purposes of collective bargaining, of the most underprivileged workers who, for reasons of occupation, organizational structure or insufficient

 

incomes, are not normally covered by major labor organizations or federations.” Assistance by the Institute of Labor and Manpower Studies [Art. 283 (former 268)] “The Institute of Labor and Manpower Studies shall render technical and other forms of assistance to labor organizations and employer organizations in the field of labor education, especially pertaining to collective bargaining, arbitration, labor standards and the Labor Code of the Philippines in general.” Chapter 3 Foreign Activities [Art. 284 (former 269) to Art. 286 (former 271)] Prohibition Against Aliens; Exceptions [Art. 284 (former 269)] General Rule: All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities Exceptions: (a) Without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: (b) Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers.” Regulation of Foreign Assistance [Art. 285 (former 270)] Q: What is the rule on regulations of foreign assistance? A: No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor. [Art. 285(a), LCP] Q: What is the meaning of “trade union activities? A: It shall mean: 1. Organization, formation and administration of labor organization;

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2. Negotiation and administration of collective bargaining agreements; 3. All forms of concerted union action; 4. Organizing, managing, or assisting union conventions, meetings, rallies, referenda, teachins, seminars, conferences and institutes; 5. Any form of participation or involvement in representation proceedings, representation elections, consent elections, union elections; and 6. Other activities or actions analogous to the foregoing. Q: What are other acts covered by the regulation? A: These are foreign donations, grants or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer’s organization to support any activity or activities affecting trade unions. [Art. 285(b), LCP]

barred from reentering the country without special permission of the Phil. President. This is upon recommendation of DOLE & DND

found guilty shall be summarily deported upon completion of service of sentence.

Jurisdiction Clearance requirement

Concurrent MTC and RTC Subject to DOLE’s None/no Clearance requirement provision.

Effect of prosecution under the Labor Code

Shall preclude the prosecution for the same act under the RPC

similar

on cases arising out of or related to labor dispute pursuant to DOJ Circular no. 15 (1982) and no. 9 (1986) in connection with BP. 227

None/no provision

similar

Q:What is the rule making power of the DOLE Secretary? A: The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration. [Art. 285(c), LCP] Applicability to Farm Tenants and Rural Workers [Art. 286 (former 271)] “The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants, rural workers, and the like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall exercise the powers and responsibilities vested by this Title in the Secretary of Labor.” Chapter 4 Penalties for Violation [Art. 287 (former 272) Table no. ____, Matrix between Art. 287 (former 272) vs. Art. 303 (former 288) of the Labor Code: Provision Art. 287 (272) Art. 303 (288) Any violation of the Prohibited Acts & activities under Art. LCP that declared to Omissions be unlawful or penal 279 (264) of LCP punished Penalties

Effect of guilty alien

 

in nature • Fine: Not less than Php. 1,000 nor more than Php. 10,000 • Imprisonment: not less than 3 month but not more than 3 years Immediate and summary deported, and shall be permanently

In addition to such penalty, any alien

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