Labor Relations Mem.aid

8/12/2019 Labor Relations Mem.aid

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BOOK FIVE: LABOR RELATIONS

TITLE IPOLICY AND DEFINITIONS

ART. 211. DECLARATION OF POLICY

LABOR RELATIONS LAW – those intended to stabilize the relations of employees and theiremployers, adjust differences between them through the encouragement of collectivebargaining, and settle labor disputes through conciliation, mediation and arbitration

- Absent an employer-employee relation, there is no labor relations to speak of.

Collective bargaining process is possible only when there is a labor organization, i.e., !" laborunion or #" employee association

PARTIES TO LABOR RELATIONS CASES:!. employee$s organization,

#. management, and%. the public

- &he public is always to be considered in disputes between labor and capital, and it has beenheld that the rights of th g!r"# $%&#i' "r $"r"(o%!t.

- L"&or r#"tio!s $o#i') %!*r th LC is (&o*i* i! S'tio! + Arti'# ,III of th 1-/Constitution which guarantees to all workers their right among others to self-organization,collective bargaining and negotiations, peaceful land concerted activities including the rightto strike in accordance with law, and to participate in policy and decision making processes

affecting their rights and benefits as may be provided by law.

ART. 212. DEFINITIONS

E0PLOYEE shall not be limited to the employees of a particular employer.

- it shall include any individual whose work has ceased as a result of or in connectionwith any current labor dispute or because of unfair labor practice IF he has not obtainedany other' !. (ubstantially e)uivalent "!*#. *egular employment

WORKERS ASSOCIATION - any association of workers organized for the mutual aid andprotection of its members or for any legitimate purpose other than collective bargaining.

INDEPENDENT 3NION - any labor organization operating at the enterprise level whose legalpersonality is derived through an independent action for registration prescribed under Art. #%+.t may be affiliated with a federation, national or industry union, in which case it may also bereferred to as an affiliate.



3NION4FEDERATION - any labor organization with at least ! localschapters or affiliateseach of which must be a duly certified or recognized collective bargaining agent.

LE5ITI0ATE WORKERS ASSOCIATION – any workers association as defined herein whichis duly registered with the /epartment of 0abor.

LABOR OR5ANI6ATIONS - Any union or association of employees which e1ists in whole orin part for the purpose of collective bargaining or of dealing with employees concerningterms and conditions of employment.

P3RPOSES OF LABOR OR5ANI6ATIONS:

!. for collective bargaining2 and#. for mutual aid and protection.

LABOR DISP3TE – includes any controversy or matter concerning terms or conditions ofemployment OR the association or representation of persons in negotiating, fi1ing, maintaining,changing or arranging the terms and conditions of employment, RE5ARDLESS of whether thedisputants stand in the pro1imate relation of employer and employee

TYPES OF LABOR DISP3TES:

!. 0abor (tandards /isputes 'a" compensation e.g., underpayment of minimum wage"b" benefits e.g., nonpayment of holiday pay, overtime pay"c" working conditions e.g., unrectified work hazards"

#. 0abor *elations /isputesa" organizational right disputeunfair labor practice e.g., coercion, restraint or interference

in unionization efforts"b" representation disputes e.g., determination of the collective bargaining unit, 304 strike"c" bargaining disputes e.g., refusal to bargain "d" contract administration or personnel policy disputes e.g., noncompliance with C5A

provisions"e" employment tenure disputes e.g., non regularization of employees"

PARTIES TO A DISP3TE:

!. 4rimary 4arties – employer, employees, union#. (econdary 4arties – voluntary arbitrator, agencies of /607 50*, 8AC", 90*C, (ec.

of 0abor, 6ffice of the 4resident

CONS3LTATION ON POLICIES OF 0ANA5E0ENT AND OF T7E E0PLOYER- :hat is needed is only consultation or participation. &he employees need not agree.

!. the last say is still with the management#. it is still the management prerogative that prevails

- f there is !o #"&or %!io!, then consultation should be made with the #"&or ("!"g(!t'o%!'i#.



TITLE IINATIONAL LABOR RELATIONS CO00ISSION

C7APTER ICREATION AND CO0POSITION

ART. 21+. NATIONAL LABOR RELATIONS CO00ISSION

TRIPARTIS0- ;ive <" divisions of 90*C.- &hree %" sectors are represented in the composition of the 90*C.

- each division % commissioners" will have representatives from the following '

!. Choice of the (ec. of 0abor coming from the public sector

#. workers organizations%. employer and management sector

83ALIFICATIONS OF T7E C7AIR0AN AND T7E CO00ISSIONER:

!. must be a member of the 4hilippine 5ar2#. must have been engaged in the practice of law in the 4hilippines for at least !< years2%. must have e1perience or e1posure in handling labor management relations for at least !<

years2 and+. preferably a resident of the region where he is to hold office.

- &he Chairman and Commissioners of the 90*C are not subject to confirmation by the

Commission on Appointments

83ALIFICATIONS OF E,EC3TIVE LABOR ARBITERS:

!. must be members of the 4hilippine 5ar2#. must have been engaged in the practice of law in the 4hilippines for at least = years2 and%. must have e1perience or e1posure in handling labor management relations for at least %

years.

TER0 OF OFFICE OF T7E C7AIR0AN9 CO00ISIONERS9 AND LABOR ARBITERS:

- they shall hold office during good behavior until they reach the age of >< unless removed forcauses as provided by law or become incapacitated to discharge the function of his office

CASES WERE T7E NLRC 7AS E,CL3SIVE AND ORI5INAL 3RISDICTION:

!. Cases certified to it for compulsory arbitration by the (ecretary of 0abor under Art. #>%2#. njunction cases under Art. #!? and #>+2 and%. Contempt cases



CASES WERE T7E NLRC 7AS APPELLATE 3RISDICTION:

!. Cases decided by labor arbiters under Art #!=b and (ec ! *A ?!#@igrant :orkers Act"2 and

#. Cases decided by the *egional 6ffices of /607 in the e1ercise of its adjudicatoryfunction under Art !# of the 0abor Code

T7E NLRC ONLY SITS EN BANC FOR P3RPOSES OF:

a. promulgating rules and regulation governing the hearing and disposition of cases beforeany of its divisions and regional branches, and

b. formulating policies affecting its administration and operations.

- &he Commission may only sit en banc for the *tr(i!"tio! of $o#i'is "!* NOT for$%r$oss of "*;%*i'"tio!.

-0 Ptitio!s for 'rtior"ri "g"i!st *'isio!s of th NLRC sho%#* h!'forth & i!iti"##)fi#* <ith th Co%rt of A$$"#s in strict observance of the doctrine on the hierarchy of

courts as the appropriate forum for the relief desired. &he Court of Appeals is procedurallye)uipped to resolve unclear or ambiguous factual finding, aside from the increased numberof its component divisions. St. 0"rti!s F%!r"# 7o(s =s. NLRC 5.R. No. 1+>??@

- ;indings of facts of a labor tribunal are accorded the utmost respect by the courts and arewell-nigh conclusive if supported by substantial evidence.

- 0abor cases are !ot s%&;'t to B"r"!g") Co!'i#i"tio! since ordinary rules of procedureare merely suppletory in character vis-B-vis labor disputes which are primarily governed bylabor laws.

- &he failure of the petitioner to file a motion for reconsideration of the decision of 90*C

before filing a petition for certiorari has in certain instances been held not to be a fatalomission.

C7APTER IIPOWERS AND D3TIES

ART. 21/. 3RISDICTION OF LABOR ARBITERS AND T7E CO00ISSION

a. E'$t as otherwise provided under this

Code the L"&or Ar&itrs shall have origi!"# "!* '#%si= jurisdiction to hear and decide,within % calendar days after the submission of the case by the parties for decision withoute1tension, even in the absence of stenographic notes, the following cases involving "##<orrs9 <hthr "gri'%#t%r"# or !o!"gri'%#t%r"#:

!. 3nfair labor practice cases2#. &ermination disputes2



%. f accompanied with a claim for reinstatement, those cases that workers may fileinvolving wages, rates of pay, hours of work and other terms and conditions ofemployment2

+. Claims for actual, moral, e1emplary and other forms of damages arising from employer-employee relations2

<. Cases arising from any violation of Art #>+ of this Code, including )uestions involving

the legality of strikes and lockouts2 and>. 71cept claims for 7mployees Compensation, (ocial (ecurity, @edicare and maternity

benefits, all other claims arising from employer-employee relations, including those ofpersons in domestic or household service, involving an amount e1ceeding 4<,.regardless of whether accompanies with a claim for reinstatement.

=. @onetary claims of overseas contract workers under the @igrant :orkers Act of !<.

b. &he Co((issio! shall have '#%si= "$$##"t ;%ris*i'tio! over all cases decided by0abor Arbiters.

c. Cases arising from the i!tr$rt"tio! or i($#(!t"tio! of CBA "!* thos "risi!g fro(th i!tr$rt"tio! or !for'(!t of 'o($"!) $rso!!# $o#i'is shall be disposed of

by the 0abor Arbiter by referring the same to the gri="!' ("'hi!r) "!* =o#%!t"r)"r&itr"tio!.

- &he labor arbiter has jurisdiction over the claims of employees against 6CCs if the latterdoes not have an original charter and has been incorporated under the Corporation Code.

- &he labor arbiter and the 90*C have no jurisdiction over claims filed by employees againstinternational agencies such as **, :D6 etc.

ART. 21. POWERS OF T7E CO00ISSION

POWERS OF T7E NLRC:

a. *ule-making power b. 4ower to issue compulsory processesc. 4ower to investigate matters and hear disputes within its jurisdictiond. Contempt power e. 4ower to issue injunctions and restraining orders

RE83ISITES BEFORE RESTRAININ5 ORDER4 IN3NCTION 0AY ISS3E:

!. filing of a verified petition#. a hearing after due and personal notice has been served in such manner as the

Commission shall direct, to all known persons against whom the relief is sought and also to

the Chief 71ecutive or other public officials of the province or city within which the unlawfulacts have been threatened or committed charged with the duty to protect the complainant$sproperty

%. reception at the hearing of the testimony of witnesses with opportunity for cross-e1amination, in support of the allegations of the complaint made under oath as well astestimony in opposition thereto

+. a finding of fact of the Commission to the effect that '



a" prohibited or unlawful acts have been threatened and will be committed and will becontinued unless restrained, but no injunction or temporary restraining order shall beissued on account of any threat, prohibited, or unlawful act, e1cept against the persons,association or organization making the threat or committing the prohibited or unlawful actor actually authorizing or ratifying the same after actual knowledge thereof.

b" &hat substantial and irreparable injury to the complainant$s property will follow

c" &hat as to each item of relief to be granted, greater injury will be inflicted uponcomplainant by the denial of the relief than will be inflicted upon the defendants by thegranting of the relief

d" &hat complainants has no ade)uate remedy at lawe" &hat public officers charged with the duty to protect complainant$s property are unable or

unwilling to furnish ade)uate protection.<. 4osting of a bond

RE83ISITES BEFORE TRO 0AY BE ISS3ED E, PARTE:

!. &he complainant shall allege that, unless a &*6 shall be issued without notice, a substantialand irreparable injury to complaint$s property will be unavoidable2

#. &here is testimony under oath, sufficient, is sustained, to justify the Commission in issuing atemporary injunction upon hearing after notice2

%. &he complainant shall first file an undertaking with ade)uate security in an amount to befi1ed by the Commission sufficient to recompense those enjoined for any loss, e1penses ordamage caused by the improvident or erroneous issuance of such order or injunction,including all reasonable costs, together with a reasonable attorney$s fee, and e1pense ofdefense against the granting of any injunctive relief sought in the same proceeding andsubse)uently denied by the Commission2 and

+. &he &*6 shall be effective no longer than # days and shall become void at the e1pirationof said # days counted from the date of the posting of the bond.

- n the absence of service of summons or a valid waiver thereof, the hearings and judgment

rendered by the labor arbiter are null and void.

- &he procedural and substantial re)uirements of Art #!? e" must be strictly complied withbefore an injunction may issue in a labor dispute.

T7E FOLLOWIN5 CAN ISS3E IN3NCTIONS4 TRO IN LABOR DISP3TES

!. 4resident A*&. #>%, g"#. (ecretary of 0abor A*&. #>%, g"%. 0abor Arbiters A*&. #!="+. 90*C<. *egional /irectors

>. @ed- Arbiters

ART. 21-. OC3LAR INSPECTION

&he Chairman, any Commissioner, labor Arbiter or their duly authorized representatives may, atanytime during working hours'



a. Conduct an ocular inspection on any establishment, building, ship, place or premises,including any work, material, implement, machinery, appliance or any object therein2 and

b. Ask any employee, laborer, or any person as the case may be for any information or dateconcerning any matter or )uestion relative to the object of the investigation

ART. 221. TEC7NICAL R3LES NOT BINDIN5 AND PRIOR RESORT TO A0ICABLESETTLE0ENT

- An "(i'"&# stt#(!t of " #"&or *is$%t should be "$$ro=* &) th #"&or "r&itr&for <ho( th '"s is $!*i!g after being satisfied that it was voluntarily entered bythe parties and after having e1plained to them the terms and conse)uences thereof.

P3RPOSE: for the employee$s protection for the labor arbiter before whom the case is pendingwould be in a better position than just any labor arbiter to personally determine the voluntarinessof the agreement and certify its validity.

RES 3DICATA applies only to judicial or )uasi-judicial proceedings and 96& to the e1ercise

of administrative powers.

ART. 222. APPEARANCES AND FEES

APPEARANCE OF NONLAWYERS BEFORE T7E CO00ISSION:

5ENERAL R3LE: 690E lawyers can appear before the 90*C or a 0abor Arbiter

E,CEPTIONS: 9on-0awyers can appear 690E in the following instances'

!. if they represent themselves2

#. if they represent their organization or members thereof2 or%. if he is a duly-accredited member of the legal aid office duly recognized by the /6F of 54 in

cases referred thereto by the latter.

ATTORNEYS FEES: &he ma1imum amount to be given a lawyer is !G of the monetarybenefits awarded to the employees e1cluding the award for moral and e1emplary

- @oral and e1emplary damages and other benefits that employee receives when he isworking are e1cluded.

- &his article prohibits the payment of attorney$s fees only where the same is effected throughforced contributions from the workers form their own funds as distinguished from the union

funds.

C7APTER IIIAPPEAL



ART. 22+. APPEAL

5RO3NDS FOR APPEAL:

!. f there is prima facie evidence of abuse of discretion on the part of the 0abor Arbiter or

Compulsory Arbitrator2#. f the decision, order or award was secured through fraud or coercion, including graft and

corruption2%. f made purely on )uestions of law2 and+. f serious errors in the findings of facts are raised which would cause grave or irreparable

damage or injury to the appellant.

PERIODS WIT7IN W7IC7 TO APPEAL:

A. DECISIONS OF T7E RE5IONAL DIRECTOR:- within < calendar days from receipt of the order.

B. DECISIONS OF T7E LABOR ARBITER:- within ! calendar days from the receipt of the decision.

- &he appeal must be under oath and must state specifically the grounds relied upon and thesupporting arguments.

- :here the !th day falls on a (aturday, (unday or legal holiday, the appeal may be filed onthe ne1t business day.

IS THE PERIOD OF APPEAL EXTENDIBLE? NO. &he period of appeal to cases decided by the regional /irector and the 0abor

Arbiter is 9787* e1tendible. t is the policy of the state to settle e1peditiously labor disputes.

RE83ISITES FOR T7E PERFECTION OF AN APPEAL TO T7E NLRC:

!. ;iling of a verified memorandum of appeal within the re)uired period of appeal2#. n case of monetary award, the employer should file a bond corresponding to the monetary

award e1cluding awards for moral and e1emplary damages and attorney$s fees.%. Appeal fee of 4!!2+. 4roof of service - furnish the other party with a copy of the memo of appeal.

- :here the employer failed to post a bond to perfect its appeal, the remedy of the employeeis a motion to dismiss the appeal, 96& a petition for mandamus by.

- &he intention of the lawmakers is to make the bond an indispensable re)uisite for theperfection of an appeal by the employer.

- &ardiness of an appeal form the decision of the labor arbiter may be considered as a mereprocedural lapse.

E,EC3TION PENDIN5 APPEAL:



- the decision of the labor arbiter ordering the reinstatement of a dismissed or separatedemployee shall be immediately e1ecutory insofar as the reinstatement aspect is concernedand the posting of an appeal bond by the employer shall not stay such e1ecution. &here isno need for the arbiter to issue a writ of e1ecution on the reinstatement order as it is self-e1ecutory 4ioneer &e1turizing Co. vs. 90*C".

OPTIONS OF T7E E0PLOYER IN CO0PLYIN5 WIT7 AN ORDER OF REINSTATE0ENTW7IC7 IS I00EDIATELY E,EC3TORY:

!. De can admit the dismissed employee back to work under the same terms and conditionsprevailing prior to his dismissal or separation or to a substantially e)uivalent position if theformer position is already filled up.

#. De can reinstate the employee merely in the payroll.

- ;ailing to e1ercise one of the foregoing options may be compelled under pain of contemptand the employer may be made to pay instead the salary of the employee.

A $titio! for r#if fro( th *'isio! of th #"&or "r&itr (%st stri't#) 'o($#) <ith 2

rg#"(!t"r) $rio*s:

!. &he petition must be filed within > days from knowledge of the judgment2 and#. &he petition must be filed within a fi1ed period of > months from entry of such judgment.

- petitions filed beyond said period will no longer be entertained.

APPEAL FRO0 T7E DECISION OF T7E NLRC:

- appeal by certiorari should be filed with the Court of Appeals(t. @artin$s ;uneralDome vs. CA"

ART 22. E,EC3TION OF DECISIONS9 ORDER9 OR AWARDS

- &he decision of the (ecretary of 0abor, the Commission, the 5ureau or *egional /irectorthe 0abor Arbiter, the @ed-Arbiter or the 8oluntary Arbitrator shall be fi!"# "!* '%tor)"ftr 1> '"#!*"r *")s fro( r'i$t throf &) th $"rtis.

- &he foregoing may upon its own initiative or on motion of any interested party, iss% " <ritof '%tio! o! " ;%*g(!t <ithi! )"rs fro( th *"t it &'o(s fi!"# "!*'%tor).

- &he immediate e1ecution of judgment should be undertaken only when the monetary awardhad been carefully and accurately determined by the 90*C and only after the employer isgiven the opportunity to be heard and to raise objections to the computation.

TITLE III B3REA3 OF LABOR RELATIONS

ART. 22?. B3REA3 OF LABOR RELATIONS



E,CL3SIVE AND ORI5INAL 3RISDICTION

- to act at its own initiative or upon the re)uest of either or both parties on all'!. inter- union conflicts#. intra- union conflicts

%. all disputes, grievances or problems arising from or affecting labor- management relations inall workplaces whether agricultural or non- agricultural.

&he 50* shall have !< working days to act on labor cases before it, subject to e1tension byagreement of the parties.

CASES W7ERE T7E BLR 7AS NO 3RISDICTION:

- &hose arising from the implementation or interpretation of collective bargaining agreementswhich shall be subject of grievance procedure andor voluntary arbitration.

INTRA3NION DISP3TES – refers to any conflict between and among union members,includes all disputes or grievances arising from any violation of or disagreement over anyprovision of the constitution and by-laws of a union.

- t also includes any violation of the rights and conditions of union membership provided forin the 0abor Code.

INTER3NION DISP3TES - refers to )uestions involving or arising out of a representationdisputes between or among the different unions.

- t also includes all other conflicts which legitimate labor, organizations may have againsteach other based on any violation of their rights as labor organizations.

DETER0INATION OF E0PLOYERE0PLOYEE RELATIONS7IP:

- since the 50* has the original and e1clusive jurisdiction to decide, inter alia, all disputes,grievances or problems arising from or affecting labor-management relations in allworkplaces, necessarily, in the e1ercise of this jurisdiction over labor-management relations,the @ed-Arbiter has the authority, original and e1clusive, to determine the e1istence of anemployer-employee relationship 0Y S"! Bis'%its9 I!'. =s L"g%s(" 5.R. No. -119 22A$ri# 1--1@.

9ote' n cases where there is overlapping of jurisdiction, determine the principal issue. &heagency that has jurisdiction thereon may decide on the incidental issues.

SPECIAL RE83IRE0ENTS AS TO T7E FILIN5 OF CASES:

A. INVOLVIN5 ENTIRE 0E0BERS7IP!. &he complaint must be signed by at least %G of the entire membership of the union.#. t must also show e1haustion of administrative remedies.

B. INVOLVIN5 A 0E0BER ONLY:



n such case only the affectedmember may file the complaint.

Imposition of fees by the union – oes it !ffe"t the enti#e membe#ship? YES. (uch being the case, the complaint should be signed by at least %G of the

membership of the union.

AD0INISTRATIVE F3NCTIONS OF T7E BLR:

!. &he regulation of registration of the labor unions2#. &he keeping of a registry of labor unions2 and%. &he maintenance of a file of C5As.

NATIONAL CONCILIATION AND 0EDIATION BOARD:- has absorbed the conciliation, mediation and voluntary arbitration functions of the 50* E.O.

126 "

ART. 22/. CO0PRO0ISE A5REE0ENTS

RE83IRE0ENTS OF A VALID 83ITCLAI0:

!. &he )uitclaim must be voluntarily arrived at by the parties2#. t must be with the assistance of the 5ureau of 0abor (tandards, 5ureau of 0abor *elations

or any representative of the /6072 and%. &he consideration must be reasonable re)uired only when entered without the assistance

of /607"

- if the compromise agreement was entered into <itho%t th "ssist"!' of DOLE, it is validand binding between the parties but the parties can still go to the 90*C and repudiate theagreement.

- if the compromise agreement was entered into <ith th "ssist"!' of DOLE, it shall befinal and binding between the parties

E,CEPT'a. in case of non compliance with the compromise agreement2 or b. if there is prima facie evidence that the settlement was obtained through fraud,

misrepresentation, or coercion- in such cases, the 90*C or any court can assume jurisdiction.

ART 2+1. RE5ISTRY OF 3NIONS AND FILE OF COLLECTIVE A5REE0ENT

- &he C5A is more than a contract, it is highly impressed with public interest for it is anessential instrument to promote industrial peace.

- An %!rgistr* CBA does not bar certification election.



ART 2++. PRIVILE5EDCO003NICATION

- nformation and statements made at conciliation proceedings shall be treated as privilegedcommunication and shall !ot & %s* "s =i*!' in the Commission.

- Conciliators and similar officials shall not testify in any court or body regarding any matterstaken up at conciliation proceedings conducted by them.

TITLE IVLABOR OR5ANI6ATIONS

C7APTER IRE5ISTRATION AND CANCELLATION

ART. 2+. RE83IRE0ENTS OF RE5ISTRATION

LABOR OR5ANI6ATION - any union or association of employees which e1ists in whole or inpart for the purpose'

- of collective bargaining, or - of dealing with employers concerning the terms and conditions of employment.

P3RPOSE OF FOR0ATION OF LABOR 3NIONS: for securing a fair and just wages andgood working conditions for the laborers2 and for the protection of labor against the unjuste1actions of capital

RE83IRE0ENTS BEFORE A LABOR OR5ANI6ATION CAN BE RE5ISTERED WIT7 T7EB3REA3 OF LABOR RELATIONS:

!. :ritten application verified by the (ecretary&reasurer, attested to by the 4resident2#. 9ames of members comprising at least #G of the employees in the bargaining unit where it

seeks to operate2%. 9on-e1istence of a C5A2 otherwise, if one e1ists, the application must state that it is filed

within the freedom period. &he application must be accompanied by the following"tt"'h(!ts'a. *egistration fee in the amount of 4<.2b. 9ames of the officers and their addresses2c. @inutes of the organizational meetings2d. 0ist of workers who participated in the organizational meetings2e. 9ames of all the members and the number of employees in the bargaining unit2f. Annual ;inancial *eport if the applicant has been in the e1istence for at least one year"2g. ;our +" copies of the constitution and by-laws2h. @inutes of the resolution of the constitution and by-laws and the list of members who

participated in the bargaining unit concerned2 and



i. f there is an e1isting collective bargaining agreement duly submitted to the /607, asworn statement that the application for registration is filed during the last > days of theagreement.

0ANDA03S is the proper remedy for the unjustified refusal of the 5ureau in reviewing theapplication for the issuance of a certificate of registration, it being a ministerial duty.

IS THE ISS$AN%E OF A %ERTIFI%ATE OF RE%O&NITION B' THE BLR A (INISTERIALD$T'?

NO. :hat is ministerial is the duty to review the application for registration and not the issuanceof a Certificate of *egistration.

NOTE: After a labor organization had filed the necessary papers and documents forregistration, it becomes mandatory for the 50* to check if the re)uirements under Article #%+have been sedulously complied with. f its application for registration is vitiated by falsificationand serious irregularities, especially those appearing on the face of the application and thesupporting documents, a labor organization should be denied recognition as a legitimate labor

organization. Progrssi= D=#o$(!t Cor$or"tio!Pi" 7%t =s. L"g%s(" t "#.9 *9o. !!<==, April !?, !="

REASON FOR RE83IRE0ENT OF RE5ISTRATION – it is a condition sine qua non for theac)uisition of legal personality by labor organizations, associations or unions, and thepossession or the rights and privileges granted by law to legitimate labor organizations

RE83IRE0ENTS BEFORE A FEDERATION CAN BE ISS3ED A CERTIFICATE OFRE5ISTRATION:

Aside from the application, which must be accompanied with the re)uirements for registration ofa labor registration, the application should also be accompanied by the following'

!. 4roof of affiliation of at least ! locals or chapters, each of which must be 'a. a duly recognized collective bargaining agent in the establishment ofb. supporting the registration of such applicant federation or national union2

#. &he names and addresses of the companies where the locals or chapters operate and the listof all the members in each company involved.

- *egistration with the 50* is the operative act which gives rights to an organization.- t is the fact of being registered with the /607 that makes a labor organization legitimate in

the sense that it is clothed with legal personality to claim representational and bargainingrights enumerated in Article #+# or to strike or picket under Article #>%.

- &he re)uirement of registration is 96& a curtailment of the right to association. t is merelya condition sine qua non for the ac)uisition of legal personality by labor organizations,

associations or unions and the possession of the rights and privileges granted by law tolabor organizations. (uch re)uirement is a valid e1ercise of the police power because theactivities in which labor organizations, associations and unions of workers are engagedaffect public interest, which should be protected.

%AN A LO%AL $NION AFFILIATE )ITH A FEDERATION?

YES. &he procedure of affiliation would depend on whether the union is independentlyregistered or not.



A. 3NION IS INDEPENDENTLY RE5ISTERED affiliation is by signing a contract of affiliationwith the labor union and the registration of such contract with the 50*. n such case, the unionbecomes an affiliate of the ;ederation.

B. 3NION IS NOT INDEPENDENTLY RE5ISTERED - affiliation is done by the application of

the union with the federation so it may be issued a charter certificate, to be submitted with the50*, including the following'

!. Copies of its constitution and by-laws#. (tatement of the set of officers and books of accounts, all of which must be certified by

the (ecretary&reasurer and attested to by the 4resident. n such case, the unionbecomes a local chapter of the ;ederation.

A union of supervisory employees may affiliate with a national federation of labororganizations of rank and file employees PROVIDED that'a. the federation is not actively involved in union affairs in the company2 andb. the rank and file employees are not directly under the control of the supervisors

W7EN TO DISAFFILIATE

5ENERAL R3LE: A labor union may disaffiliate from the mother union to form a local orindependent union only during the >-day freedom period immediately preceding the e1pirationof the C5A. E,CEPTION:

DISAFFILIATION BY 0AORITY- 7ven before the onset of the freedom period, disaffiliation may still be carried out, but such

disaffiliation must be effected by a majority of the members in the bargaining unit.- &his happens when there is a substantial shift in allegiance on the part of the majority of the

members of the union. n such a case, however, the C5A continues to bind the membersof the new or disaffiliated and independent union up to the C5A$s e1piration date.

- 0@&A&69 ' disaffiliation should be in accordance with the rules and procedures stated inthe Constitution and by-laws of the ;ederation.

EFFECTS OF DISAFFILIATION BY A LOCAL 3NION:

1. LOCAL 3NION IS INDEPENDENTLY RE5ISTERED - the disaffiliation of the union wouldnot affect its being a legitimate labor organization and therefore it would continue to havelegal personality and to possess all the rights and privileges of a legitimate labororganization

2. LOCAL 3NION IS NOT INDEPENDENTLY RE5ISTERED - upon disaffiliation, it wouldcease to be a legitimate labor organization and would no longer have legal personality andthe rights and privileges granted by law to legitimate organization.

EFFECT OF DISAFFILIATION TO E,ISTIN5 CBAs:



1. LABOR 3NION IS INDEPENDENTLY RE5ISTERED – an e1isting C5A would continue tobe valid as the labor organization can continue administering the C5A

2. LABOR 3NION IS NOT INDEPENDENTLY RE5ISTERED – an e1isting C5A would nolonger be valid as there would no longer be any labor organization given by law the right toadminister the C5A

ENTITLE0ENT TO 3NION D3ES IN CASE OF DISAFFILIATION:

1. LABOR 3NION IS INDEPENDENTLY RE5ISTERED - the labor organization is entitled tothe union dues and not the federation from which the labor organization disaffiliated.

2. LABOR 3NION IS NOT INDEPENDENTLY RE5ISTERED - union dues may no longer becollected as there would no longer any labor union who is allowed to collect such union duesfrom the employees.

9ote' ;ollow the principle of agency between federation and local.

•

4rincipal – employees• Agent – localchapter

• Agent of agent – federation

ART. 2+?. DENIAL OF RE5ISTRATIONG APPEAL

/ecisions of the 50* denying the registration of a labor organization is appealable to the(ecretary of 0abor within ! calendar days from receipt of the decision, on gro%!*s of'

a. grave abuse of discretion2 or b. gross incompetence

ART. 2+. CANCELLATION OF RE5ISTRATIONG APPEAL

&he certificate of registration of any legitimate labor organization shall be cancelled by the 50*if it has reason to believe, "ftr *% h"ri!g, that the said labor organization no longer meetsone or more of the re)uirements prescribed by law.

- A$$"# may be filed within !< days from receipt of the decision to the (ecretary of 0abor.

0ANNER OF APPEAL

If the application was filed directly with the Regional Director of BR !in the e"ercise of hisOriginal #urisdiction$

Regional Director of BLR

Secretary of Labor



3nder *ule ><6f the rules of Court

If the action originated fro% the &ed'(r)iter*

NOTE: :here the 50* e1ercised its appellate jurisdiction, further appeal must be made to the(34*7@7 C63*&, not to the (ecretary of 0abor.

ART 2+-. 5RO3NDS FOR CANCELLATION OF 3NION RE5ISTRATION

5RO3NDS FOR CANCELLATION OF 3NION RE5ISTRATION:

!. @isrepresentation, ;alse statement or ;raud 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.#. ;ailure to submit the document mentioned in

the preceding paragraph

- :ithin % days from adoption or ratification of the constitution and by-laws oramendments thereto.

%. @isrepresentation, false statement or fraud in connection with the'

- election of officers,

- minutes of the election of officer and the list of voters, or failure to submit thesedocuments together with

- the list of the newly electedappointed officers and their postal addresses

- within % days from election+. ;ailure to submit the annual financial report to the 5ureau

- within % days after the closing of every fiscal year and misrepresentation, falseentries and fraud

- in the preparation of the financial report itself2<. Acting as a labor contractor or engaging in the HcaboI system, or otherwise engaging in any

activity prohibited by law2

>. 7ntering into collective bargaining agreements which provide terms and conditions ofemployment below minimum standard established by law2

=. Asking for or accepting attorney$s fees or negotiation fees from the employers2?. 6ther than for mandatory activities under this Code, checking off special assessment or any

other fees without duly signed individual written authorization of the members2. ;ailure to submit a list of individual members of the 5ureau once a year or whenever

re)uired by the 5ureau2 and!. ;ailure to comply with the re)uirements under Articles #%= and #%?.

Supreme Court

Med Arbiter

Bureau of Labor Relations

Supreme Court



RE0EDY IN CASE T7E B3REA3 S7O3LD CANCEL T7E RE5ISTRATION OF T7E3NION:

- appeal to the (ecretary of 0abor within ! calendar days on grounds of'

!. grave abuse of discretion2 or

#. gross incompetence on the part of the 5ureau

- (hould the office of the (ecretary affirm the decision of the 5ureau, the fi!"# r(*) is "$titio! for 'rtior"ri to th SC %!*r R%# ?9 R%#s of Co%rt.

C7APTER IIRI57TS AND CONDITIONS OF 0E0BERS7IP IN A LABOR OR5ANI6ATION

ART. 21. RI57TS AND CONDITIONS OF 0E0BERS7IP IN A LABOR OR5ANI6ATION

RE83IRE0ENTS IN 0AKIN5 SPECIAL ASSESS0ENTS or OT7ER E,TRAORDINARYFEES Art. 21 H!@:

!. there must be a written resolution#. the resolution must have been approved by a majority of all the members%. the approval must be at a general membership meeting duly called for that purpose

- &he secretary of the organization shall record the minutes of the meeting including'- the list of all members present,- the votes cast, and- the purpose of the assessment or fees

- &he record shall be attested by the 4resident.

C7ECKOFF - a method of deducting from an employee$s pay at prescribed period, theamounts due to the union for fees, fines or assessment.

NAT3RE AND P3RPOSE OF C7ECKOFF - to facilitate the collection of dues necessary for the union$s life and sustenance

RE83IRE0ENTS WIT7 RE5ARD TO C7ECKOFFS Art. 21 Ho@:

- 96 special assessment, attorney$s fees, registration fees or any other e1traordinary feesmay be checked off from any amount due an employee :&D63& an i!*i=i*%"# <ritt!"%thori"tio! *%#) sig!* &) th ($#o).

&he authorization should specifically state the'a. amountb. purpose andc. beneficiary of the deduction.



E,CEPTION TO T7E RE83IRE0ENT OF INDIVID3AL WRITTEN A3T7ORI6ATION:

!. ;or mandatory activities provided under the Code2 and#. :hen non-members of the union avail of the benefits of the C5A.

- said non-members may be assessed union dues e)uivalent to that paid by members

- only by a 5oard *esolution approved by majority of the members in a general

meeting called for the purpose

SPECIAL ASSESS0ENT - there must be a <ritt! rso#%tio! authorized by a majority ofthe members at a general meeting called for the purpose. C7ECKOFF – there must be i!*i=i*%"# <ritt! "%thori"tio! of the members.

PERSONS W7O ARE PRO7IBITED FRO0 BECO0IN5 0E0BERS OF A LABOROR5ANI6ATION 3NDER T7E LABOR CODE:

!. (ubversives or those engaged in subversive activitiesJArt.#+! e"K

#. person who has been convicted of a crime involving moral turpitude shall be eligible forelection as union officer or for appointment to any position in the union. JArt. #+! f"K

96&7' n general, a union is free to select its own members, and no person has an absoluteright to membership in a trade union.

7LC74&69('!. &he labor org. cannot compel employees already member of rival union.

#. persons mentioned in Art. #+!e" f" of the labor code are prohibited from becoming amember a labor organizations.

%. members of religious organization whose religion forbade membership in labor organizationcould not be compelled into union membership.

- &he implementing rules re)uire that the remedies be e1hausted within the union before acomplaint for any violation of the union$s constitution and by-laws may be filed.

5ENERAL 5RO3PIN5S OF T7E RI57TS OF T7E 3NION 0E0BERS 3!*r Art. 21@:

!. Po#iti'"# right is the right to vote and be voted for, subject to lawful provisions on)ualifications and dis)ualifications.

#. D#i&r"ti= "!* D'isio!0"i!g Right is the right to participate in deliberations on majorpolicy )uestions and decide them by secret ballot.

%. Rights O=r 0o!) 0"ttrs is the right of the members'a. Against imposition of e1cessive fees2

b. against unauthorized collection of contributions or unauthorized disbursements2c. to re)uire ade)uate records of income and e1penses2d. to access financial records2e. to vote on officers compensation2f. to vote on special assessment2g. to be deducted a special assessment only with the member$s written authorization.

+. Right to I!for("tio! is the right to be informed about'a. the organization$s constitution and by- laws,b. the collective bargaining agreement, and



c. labor laws.

C7APTER IIIRI57TS OF LE5ITI0ATE LABOR OR5ANI6ATIONS

ART. 22. RI57TS OF LE5ITI0ATE LABOR OR5ANI6ATIONS

RI57TS OF A LE5ITI0ATE LABOR OR5ANI6ATION:

!. 3ndertake activities for benefit of members#. (ue and be sued%. 71clusive representative of all employees+. *epresent union members<. ;urnished by employers of audited financial statements

>. 6wn properties=. 71empted from ta1es

EFFECT OF CANCELLATION OF RE5ISTRATION IN T7E CO3RSE OF PROCEEDIN5SG

- :here a labor union is a party in a proceeding and later it loses its registration permit in thecourse or during the pendency of the case, such union may continue as a party withoutneed of substitution of parties, subject however to the understanding that whatever decisionmay be rendered therein will be binding only upon those members of the union who havenot signified their desire to withdraw from the case before its trial and decision on the merits.

TITLE VCOVERA5E

ART. 2+. COVERA5E AND E0PLOYEES RI57T TO SELFJOR5ANI6ATION

)HO (A' *OIN A LABOR OR&ANI+ATION?

!. All persons employed in commercial, industrial and agricultural CA" enterprises, and#. n religious, charitable, medical or educational *C@7" institutions whether operating forprofit or not for purposes of collecti+e )argaining

+. Ambulant, intermittent and itinerant workers2<. (elf-employed people2>. *ural workers2 and=. &hose without any definite employers for the purpose of their %utual aid and protection

ART. 2. RI57TS OF E0PLOYEES IN T7E P3BLIC SERVICE



5OVERN0ENT JOWNED ORCONTROLLEDCORPORATIONSWIT7 A C7ARTER

5OVERN0ENT JOWNED ORCONTROLLEDCORPORATIONSWIT7O3T

C7ARTER0A:!. 7mployees

cannot stagestrikes since theyare governed bythe Civil (ervice0aw. &hey areenjoined by Civil(ervice@emorandumCircular 9o. >,

under pain ofadministrativesanctions, fromstaging strikes,demonstrations,mass leaves,walk-outs andother concertedactivities.

!. &he 6CC iscreated underCorporationCode, thenemployees arecovered by the0abor Code.&herefore theemployees havethe same rights

as those asemployees ofprivatecorporations, oneof which is theright to strike.

5A*A99*D&(#. Corporations with

original charterscannot bargainwith thegovernmentconcerning theterms andconditions of theiremployment.Dowever, theycan negotiatewith thegovernment on

those terms andconditions ofemploymentwhich are notfi1ed by law.

&hus, they havelimited bargaining

rights.

#. &he 6CC is

created underCorporation Code,being governed bythe 0abor Code,they can bargainwith the governmentconcerning theterms andconditions of theiremployment.&hus, they haveunlimited bargaining

rights.



43*46(7 6;6*A9MA&69

%. Can only form,

join or assistlabororganization forpurposes notcontrary to law.

%. Can form, join orassist labor

organization forpurposes of C5A,etc.

T7E FOLLOWIN5 ARE CONSIDERED NE5OTIABLE IN 5OCC WIT7 ORI5INALC7ARTER:

!. schedule of vacation and other leaves#. work assignment of pregnant women%. personnel growth and development+. communication system – lateral and vertical<. provision for protection and safely>. provision for facilities for handicapped personnel=. provision for first-aid medical services for married women?. annual medicalphysical e1amination. recreational, social, athletic and cultural activities and facilities *ules implementing :6

!?"

T7E FOLLOWIN5 ARE CONSIDERED NOT NE5OTIABLE:

!. &hose which re)uire appropriation of funds, such as 'a. increase in salary emoluments and other allowance not presently provided for by lawb. facilities re)uiring capital outlaysc. car pland. provident funde. special hospitalization, medical and dental servicesf. ricesugarother subsidiesg. travel e1pensesh. increase in retirement benefits

#. &hose that involve the e1ercise of management prerogatives, such as '

- appointments- promotion- assignmentsdetails- reclassificationupgrading of position- revision of compensation structure- penalties imposed as a result of disciplinary actions



- selection of personnel to attain seminar, trainings, study grants- distribution of work load- e1ternal communication linkages

- overnment employees and employees of government-owned and controlled corporationswith original charters may bargain, however, such &"rg"i!i!g $o<r is #i(it*.

REASONS W7Y E0PLOYEES IN 5OCCs INCORPORATED 3NDER T7E CORPORATIONCODE ARE ALLOWED TO OR5ANI6E:

!. they are not involved in public service#. terms of employment are not fi1ed by law%. they are governed by the provisions of the 0abor Code not by the Civil (ervice 0aw

E0PLOYEES W7O ARE NOT 5RANTED T7E RI57T TO SELFOR5ANI6ATION:

!. @embers of the Armed ;orces of the 4hilippines, including police officers, policemen,

firemen and jail guards2#. Digh-level employees- whose functions are normally considered as policy-making or managerial- whose duties are of a highly confidential or highly technical in nature 76 !?, sections

%-+"%. overnment employees occupying high positions+. 7mployees of international organizations with immunities<. Confidential employees>. Cooperative members who are also employees

- Forig!rs ="#i*#) <ori!g i! th Phi#i$$i!s '"! for( #"&or org"!i"tio!s, providedthe same right to form, join or assist in the formation of labor unions is also given to ;ilipinos

in their country of origin. &his embodies the $ri!'i$# of r'i$ro'it).

E,TENT OF T7E RI57T TO SELFOR5ANI6ATION

a. &o form, join and assist labor organizations- for the purpose of collective bargaining through representatives of their own choosing and

b. &o engage in lawful concerted activities for the same purpose- for their mutual aid and protection

ART. 2. INELI5IBILITY OF 0ANA5ERIAL E0PLOYEES TO OIN ANY LABOROR5ANI6ATIONG RI57T OF S3PERVISORY E0PLOYEES.

0ANA5ERIAL E0PLOYEE one who is vested with powers or prerogatives to lay down ande1ecute management policies and or to hire, transfer, suspend, lay-off, recall, discharge, assignor discipline employees.

R"so! for i!#igi&i#it) – in the collective bargaining process, managerial employees aresupposed to be on the side of the employer, to act as its representatives, and to see to it that itsinterests are well protected. &he employer is not assured of such protection if these employeesthemselves are union members.



S3PERVISORY E0PLOYEES those who, in the interest of the employer, effectivelyrecommend such managerial actions if the e1ercise of such authority is not merely routinary orclerical in nature but re)uires the use of independent judgment.

(A' S$PER,ISOR' E(PLO'EES FOR(- ASSIST- *OIN A LABOR OR&ANI+ATION? YES, on their own and 96& with the rank-and-file employees.

CONFIDENTIAL E0POYEES

CONCEPT:Confidentiality is not a matter of official rank, it is a matter of job content and authority. t

is not measured by closeness to or distance from top management, but by the significance ofthe jobholder$s role in the pursuit of corporate objectives and strategies.

7very managerial position is confidential because one does not become a managerwithout having gained the confidence of the appointing authority. 5ut not every confidential

employee is managerial2 he may be a supervisory or even a rank-and-file employee.

DEFINITIONS:1. Phi.ips Inust#i!. De/0t In"1 ,s1 NLR% - by the very nature of their functions, they assist and act in a confidential capacity to, or,

have access to confidential matters of persons who e1ercise managerial functions in thefield of labor relations.

- &herefore, the rationale behind the ineligibility of managerial employees to form, assist or join a labor union e)ually applies to them.

21 Repub.i" P.!nte#s B!n3 /s1 To##es- they are entrusted with confidence on delicate matters, or with the custody, handling, or care

and protection of the employer$s property.

- 3nder the doctrine of necessary i%plication, confidential employees are similarly dis)ualifiedunder Article #+<.

9ote' &he phrase Hin the field of labor relationsI is important. t stresses labor ne1us, i.e.,confidentiality of the position is related or linked to labor relations matters.- Access to information which is regarded by the employer to be confidential from the businessstandpoint, such as financial information or technical trade secrets, will not render an employeea confidential employee. (@C (upervisors N 71empt 3nion vs. Don. 0aguesma, et al."

E0PLOYEES W7O ARE PRO7IBITED FRO0 OININ5 A LABOR OR5ANI6ATION

!. @A9A7*A0 7@406E77(, by e1press provision of law2#. C69;/79&A0 7@406E77(, by jurisprudence and under the doctrine of necessary

implication.

(A' SE%$RIT' &$ARDS FOR( A LABOR OR&ANI+ATION? YES. 3nder *A >=!<, they may now freely join in a labor organization of the rank-and-

file or that of the supervisory union, depending on their rank. 0r"#'o =s. S'rt"r) of L"&or@

ART. 2?. NONABRID5E0ENT OF T7E RI57T TO SELF OR5ANI6ATION



T7E RI57T TO SELFOR5ANI6ATION S7ALL NOT BE ABRID5ED 0EANS:

t shall be unlawful for any person to'restrain,coerce,discriminate against, or

unduly interferewith employees and workers in their e1ercise of the right to self-organization. Art. 2?"

Any act intended to weaken or defeat the right is regarded by law as an offense, which istechnically called Hunfair labor practice.I

TITLE VI3NFAIR LABOR PRACTICES

C7APTER I

CONCEPT

ART. 2/. 3NFAIR LABOR PRACTICES

NAT3RE OF 3NFAIR LABOR PRACTICES:

!. violate the constitutional right of workers and employees to self-organization2#. are 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 andmutual respect2

%. disrupt industrial peace2 and

+. hinder the promotion of healthy and stable labor-management relations.

2 ASPECTS OF 3NFAIR LABOR PRACTICE:!. C80 CA(7

a. under the jurisdiction of the 0abor Arbiter b. )uantum of proof needed' s%&st"!ti"# =i*!'

#. C*@9A0 CA(7a. under the jurisdiction of @&C*&Cb. )uantum of proof needed' &)o!* r"so!"&# *o%&t. :DEO Because it is su)ect to

prosecution and punish%ent.

PRESCRIPTIVE PERIOD FOR FILIN5 CRI0INAL AND CIVIL CASES FOR 3LP:

- &he prescriptive period of filing 304 cases whether it be civil or criminal is o! )"r fro(th "''r%"# of th 3LP "'t.

- &he prescriptive period for the criminal case is suspended once the administrative case hasbeen filed and would only continue running once the administrative case has attainedfinality.



- -OE/ER* ;inal judgment in the administrative proceedings shall not be binding in thecriminal case nor shall be considered as an evidence of guilt but merely as a proof ofcompliance of the re)uirements prescribed by the Code.

NOTE: 4rere)uisite for filing criminal case' final judgment in the administrative proceedingfinding that 304 has been committed

C7APTER II

3NFAIR LABOR PRACTICES OF E0PLOYERS

ART 2. 3LP T7AT 0AY BE CO00ITTED BY AN E0PLOYER

!. &o interfere with, restrain or coerce employees- in the e1ercise of their right to self-organization2

#. &o re)uire as a condition for employment that a person or an employee- shall not join a labor organization or - shall withdraw from one to which he belongs2

%. &o contract out services or functions being performed by union members- when such will interfere with, restrain or coerce employees in the e1ercise of their right

to self-organization2+. &o 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 officers2

<. &o discriminate in regard to wages, hours of work, and other terms and conditions ofemployment- in order to encourage or discourage membership in any labor organization .

TEST OF DISCRI0INATION:

a. whenever benefits or privileges given to one is not given to the other under similar oridentical conditions

b. when directed to encourage or discourage union membership

>. &o dismiss, discharge or otherwise prejudice or discriminate against an employee- for having given or being about to give testimony under this Code2

=. &o violate the duty to bargain collectively as prescribed by this Code2?. &o 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 disputes2 or

. &o violate a collective bargaining agreement. the violation must be gross and with respect to the economic provision of the C5A



YELLOW DO5 CONTRACT' A promise e1acted from workers as a condition ofemployment that they are not to belong to, or attempt to foster, a union during their period ofemployment. t is null and void because'- t is contrary to public policy for it is tantamount to involuntary servitude.- t is entered into without consideration for employees waive their right to self- organization- 7mployees are coerced to sign contracts disadvantageous to their family.

DOES ART1 245 6%7 (EAN THAT AN E(PLO'ER %ANNOT %ONTRA%T O$T )OR8?

NO. Contracting out services is not 304 per se. t is 304 only when the followingconditions e1ist'

1. the service contracted- out are being performed by union members2 and. such contracting-out interferes with, restrains, or coerce employees in the e1ercise of

their right to self-organization.

- D6:787*, when the contracting-out is being done to minimize e1penses, then it is a valide1ercise of management prerogative.

T7REE CO0PONENTS OF ART. 2@ DISCRI0INATION@:

!. t prohibits discrimination in terms and conditions of employment in order to encourage ordiscourage membership in the union2

#. t gives validity to union security agreements2%. t allows an agency shop arrangement whereby agency fees may be collected from non-

union members.

SEC3RITY ARRAN5E0ENTS - stipulations in the C5A re)uiring membership in thecontracting union as a condition for employment or retention of employment in the company.

PRINCIPLES OF 3NION SEC3RITY ARRAN5E0ENTS:

!. Prot'tio!. &o shield union members from whimsical and abusive e1ercise of managementprerogatives.

#. B!fits. An additional membership will insure additional source of income to the union inthe form of union dues and special assessment.

%. S#f$rsr="tio! . t strengthens the union through selective acceptance of new memberson the basis of commitment and loyalty.

DIFFERENT KINDS OF 3NION SEC3RITY ARRAN5E0ENTS:

!. CLOSEDS7OP A5REE0ENT the employer undertakes not to employ any individual whois not a member of the contracting union and the said individual once employer must, for the

duration of the agreement, remain a member of the union in good standing as a condition forcontinued employment.

#. 3NION S7OP A5REE0ENT -stipulation whereby any person can be employed by theemployer but once employed such employee must, within a specific period, become amember of the contracting union and remain as such in good standing for continuedemployment for the duration of the C5A.



%. 0AINTENANCE OF 0E0BERS7IP CLA3SE - the agreement /67( 96& re)uire non-members to join the contracting union 53& provides that those who are members thereof atthe time of the e1ecution of the C5A and those who may thereafter on their own volitionbecome members must for the duration of the agreement maintain their membership ingood standing as a condition for continued employment in the company for the duration ofthe C5A.

+. PREFERENTIAL S7OP A5REE0ENT J an agreement whereby the employer merelyagrees to give preference to the members of the bargaining union in hiring or filingvacancies and retention in case of lay-off. &he employer has the right to hire from the openmarket if union members are not available.

<. A5ENCY S7OP A5REE0ENT - an agreement whereby employees must either join theunion or pay to the union as e1clusive bargaining agent a sum e)ual to that paid by themembers.

- &his is *ir't* "g"i!st FREE RIDER ($#o)s who benefit from union activitieswithout contributing to union support to prevent a situation of non-union membersenriching themselves at the e1pense of union members.

RE83IRE0ENTS FOR A VALID TER0INATION BY T7E E0PLOYER OF T7E SERVICESOF AN E0PLOYEE P3RS3ANT TO A 3NION OR CLOSEDS7OP A5REE0ENT:

!. &he agreement must be e1pressed in a clear and une)uivocal way so as not to leave roomfor interpretation because it is a limitation to the e1ercise of the right to self-organization.

- A!) *o%&t (%st & rso#=* "g"i!st th ist!' of " '#os*sho$ "gr(!t.#. &he agreement can only have prospective application and cannot be applied retroactively.%. t can only be e1ercised by giving the employee his right to due process.

- &he employer has the right to satisfy himself that there are sufficient bases for there)uest of the union.

- &he termination of the services of the employee is not automatic upon the re)uest of theunion.

+. t cannot be applied to employees who are already members of the rival union or to theemployees based on their religious beliefs.

C7APTER III3NFAIR LABOR PRACTICES OF LABOR OR5ANI6ATIONS

ART. 2-. 3NFAIR LABOR PRACTICES OF LABOR OR5ANI6ATIONS

a. &o restrain or coerce employees in the e1ercise of their right to self-organization. Dowever,a labor organization shall have the right to prescribe its own rules with respect to theac)uisition or retention of membership2

b. &o cause or attempt to cause an employer to discriminate against an employee, includingdiscrimination

c. &o violate the duly or refuse to bargain collectively with the employer provides that it is therepresentative of the employees2



d. &o cause or attempt to cause an employer to pay or deliver or agree to pay or deliver anymoney or other things of value, in the nature of an e1action, for services which are notperformed or not to be performed, including the demand for a fee for union negotiations2

e. &o ask for a accept negotiation or attorney$s fees from employers as part of the settlementof any issue in collective bargaining or any other dispute2 or

f. &o violate a collective bargaining agreement.

- &he violation must be gross and must be with respect to economic provisions of theC5A.

PERSONS CIVILLY LIABLE FOR 3LP:

!. 6fficers and agents of employer #. 0abor organization, officers and agents

PERSONS CRI0INALLY LIABLE FOR 3LP:

!. Agents and officers who participated or authorized or ratified the act.#. Agents, representatives, members of the government board, including ordinary members

FEAT7ERBEDDIN5 - refers to the practice of the union or its agents in causing or attemptingto cause an employer to pay or deliver or agree to pay or deliver money or other things of value,in the nature of e1action, for services which are not performed or not to be performed, as whena union demands that the employer maintain personnel in e1cess of the latter$s re)uirements

TITLE VIICOLLECTIVE BAR5AININ5 AND AD0INISTRATION OF A5REE0ENTS

ART. 2>. PROCED3RE IN COLLECTIVE BAR5AININ5

COLLECTIVE BAR5AININ5 Jnegotiation by an organization or group of workmen, in behalf ofits members, with the employer, concerning wages, hours of work and other terms andconditions of employment and the settlement of disputes by negotiation between anemployer, and the representative of his employees.

PROCED3RE IN COLLECTIVE BAR5AININ5'

!. :ritten notice with statement of proposals#. *eply by the other party%. n case of differences, either party may re)uest for a conference

+. f not settled 9C@5 may intervene and encourage the parties to submit the dispute to avoluntary arbitrator

<. f not resolved, the parties may go to where they want and resort to any other lawful means.

STA5ES IN T7E NE5OTIATION FOR A COLLECTIVE BAR5AININ5 A5REE0ENT:

!. 4reliminary process - written notice for negotiation which must be clear and une)uivocal#. 9egotiation 4rocess



%. 71ecution 4rocess – signing of the agreement+. 4ublication for at least < days before ratification<. *atification by the majority of all the workers in the bargaining unit represented in the

negotiation not necessary in case of arbitral award">. *egistration 4rocess

*e)uisites for registration'

a. mandatory provisionsb. payment of 4!,c. < copies of C5Ad. proof of ratification

=. Administration 4rocess – the C5A shall be jointly administered by the management and thebargaining agent for a period of < years

?. nterpretation and Application 4rocess

COLLECTIVE BAR5AININ5 A5REE0ENT CBA@ ! a negotiated contract between a legitimate labor organization and the employer concerning'

- wages,

- hours of work, and

- all other terms and conditions of employment in a bargaining unit, includingmandatory provisions for grievances and arbitration machineries.

0ANDATORY PROVISIONS OF T7E CBA:

!. wages#. hours of work%. grievance machinery+. voluntary arbitration<. family planning>. rates of pay=. mutual observance clause

n addition, the 5ureau re)uires that the C5A should include a clear statement of the terms ofthe C5A.

&he mechanics of collective bargaining is set in motion only when the followingF3*(/C&69A0 4*7C69/&69( are present'

!. possession of the status of majority representation by the employees$ representative inaccordance with any of the means of selection or designation provided for by the 0aborCode2#. proof of majority representation2 and%. a demand to bargain under Article #< a" of the 0abor Code. Kio Lo) =s. NLRC@

ART. 22. 0EANIN5 OF D3TY TO BAR5AIN COLLECTIVELY

D3TY TO BAR5AIN COLLECTIVELY - the performance of a mutual obligation to meet andconvene promptly and e1peditiously in good faith for the purpose of negotiating an agreementwith respect to wages, hours of work and all other terms and conditions of employment includingproposals for adjusting any grievances or )uestions arising under such agreement and



e1ecuting a contract incorporating such agreements if re)uested by either party but such dutydoes not compel any party to agree to a proposal or to make any concession.

:hen &D7*7 ( A C6007C&87 5A*A99 A*77@79&, the duty to bargaincollectively shall mean that 97&D7* 4A*&E (DA00 &7*@9A&7 6* @6/;E (3CD

A*77@79& /3*9 &( 0;7&@7. D6:787*, either party can serve a written notice to

tr(i!"t or (o*if) th "gr(!t "t #"st ?> *")s $rior to its $ir"tio! $rio* .

LI0ITATIONS:!. the duty to bargain collectively does not compel any party to'

a. agree to a proposal2 or b. make a concession.

#. the parties cannot stipulate terms and conditions of employment which are below theminimum re)uirements prescribed by law

ART. 2+. D3TY TO BAR5AIN COLLECTIVELY W7EN T7ERE E,ISTS A COLLECTIVEBAR5AININ5 A5REE0ENT

BAR5AININ5 3NIT- a group of employees of a given employer, comprised of all or less that allthe entire body of the employees, which, consistent with e)uity to the employer, indicate tobe best suited to serve the reciprocal rights and duties of the parties under the collectivebargaining provision of the law.

FO3R FACTORS IN DETER0ININ5 T7E APPROPRIATE BAR5AININ5 3NIT:

!. the e1press will or desire of the employees lobe /octrine"2#. the substantial and mutuality interest factor2%. prior collective bargaining history2 and+. employment status, such as

- temporary

- seasonal, and

- probationary employee

T7IN5S TO CONSIDER IN DETER0ININ5 T7E CO003NITY OF INTEREST DOCTRINE:

!. similarity in the scale and manner of determining earnings#. similarity in employment benefits, hours of work and other terms and conditions of

employment%. similarity in the kinds of work performed+. similarity in the )ualifications, skills and training of the employees<. fre)uency of contract or interchange among the employees>. common supervision and determination of labor-relations policy=. history of previous collective bargaining?. desires of the affected employees. e1tent of union organization



A3TO0ATIC RENEWAL CLA3SE – Art. #<% provides that the C5A shall remain effectiveand enforceable even after the e1piration of the period fi1ed by the parties as long as no newagreement is reached by them.

0ODES OF C7OOSIN5 T7E E,CL3SIVE BAR5AININ5 3NIT:

!. (707C&69 - certification election#. /7(9A&69 - voluntary recognition

CERTIFICATION ELECTION J the process of determining by secret ballot the sole ande1clusive bargaining agent of the employees in an appropriate bargaining unit, for purposes ofcollective bargaining

DIRECT CERTIFICATION the process whereby the @ed-Arbiter directly certifies a labororganization of an appropriate bargaining unit of a company after a showing that such petition issupported by at least a majority of the employees in the bargaining unit. IT IS NO LON5ERALLOWED. EO 111@

VOL3NTARY RECO5NITION J the process whereby the employer recognizes a labororganization as the e1clusive bargaining representative of the employees in the appropriatebargaining unit after a showing that the labor organization is supported by at least amajority of the employees in the bargaining unit.

CERTIFICATIONELECTION

CONSENTELECTION

!. aimed atdetermining the

sole ande1clusivebargaining agentof all theemployees in anappropriatebargaining unitfor the purposeof collectivebargaining2

!. an agreed one,its purpose

being merely todetermine theissue of majorityrepresentation ofall the workers inthe appropriatecollectivebargaining unit

#. separate anddistinct from a

consent election

#. from the verynature of

consent election,it is a separateand distinctprocess and hasnothing to dowith the importand effect of acertificationelection



EFFECT OF VOL3NTARY RECO5NITION BY T7E E0PLOYER:

- through voluntary recognition by the employer, the labor organization is recognized by the

employer as the e1clusive bargaining agent which may collectively bargain with suchemployer.

)HEN IS THE %OND$%T OF A %ERTIFI%ATION ELE%TION (ANDATOR' ON THE PARTOF THE BLR?

!. n "! %!org"!i* 'o($"!) -a. upon the filing of a verified petition by a legitimate labor organization2 or b. upon the filing of a petition by the employer when such employer is re)uested by the

employees to bargain collectively.#. n "! org"!i* 'o($"!) upon the filing of a verified petition by a legitimate labor

organization )uestioning the majority status of the incumbent bargaining agent within the >-

day freedom period before the e1piration of a C5A.- &he petition must be supported by the written consent of at least #<G of all the

employees in the appropriate bargaining unit.

NOTE' n case the establishment is organized, the employer cannot file a petition forcertification election2 only a legitimate labor organization can file such petition.

W7EN 0AY A LABOR OR5ANI6ATION FILE A PETITION FOR CERTIFICATIONELECTION:

!. :here the st"&#ish(!t is !ot org"!i*, it can file a petition for certification election at

any time, subject however to the 697-707C&69-47*-E7A* *307.#. n an org"!i* st"&#ish(!t –a. when thr is " CBA, the labor organization can file a petition for certification election

within the >-day freedom period C69&*AC&-5A* *307 "b. when thr is !o CBA, then the labor organization can file a petition for certification

election at any time, subject to the /eadlock 5ar *ule.

RE83ISITES BEFORE A LABOR 3NION CAN BE DECLARED A WINNER 6DO$BLE(A*ORIT'7:

!. @ajority of the eligible voters cast their votes.#. @ajority of the valid votes cast is for such union.

7OW TO DETER0INE T7E DO3BLE 0AORITY R3LE:!. n determining valid votes, eliminate spoiled ballots but include challenged votes#. n determining the eligible votes cast, include spoiled ballots

R3NOFF ELECTIONS:&his happens when'

a. &he election provides for at least % choicesHno unionI is always a choice"



b. &he election results in none of the choices receiving a majority <GP!" of the validvotes cast

R%!off shall be conducted'

between the labor union receiving the two highest number of votes, p#o/ie that the

total number of votes for all the contending unions is at least <G of the total votes cast

R3LES W7IC7 PREVENT T7E 7OLDIN5 OF A CERTIFICATION ELECTION:!. contract bar rule#. deadlock bar rule%. negotiation bar rule

+. one year bar rule

1. CONTRACTBAR R3LE - while a valid and registered C5A is subsisting, the 50* is notallowed to hold an election contesting the majority status of the incumbent union.

RE83IRE0ENTS IN ORDER TO INVOKE CONTRACTBAR R3LE:

!. Agreement is in writing, signed by all contracting parties.#. t must contain the terms and conditions of employment.%. Covered employees in an appropriate bargaining unit.+. t is for a reasonable period or duration.<. t must be ratified.>. t must be registered with the 5ureau.=. &he violation of the contract bar rule or the e1istence of a duly registered C5A must be

specifically impleaded as a defense.

E,CEPTIONS TO T7E CONTRACTBAR R3LE:

!. C5A is not registered#. C5A deregistered%. C5A was hastily concluded way ahead of the freedom period+. C5A is incomplete in itself <. C5A does not foster industrial peace because of schism>. C5A was concluded in violation of an order enjoining the parties from entering into a C5A

until the issue of representation is resolved.

EFFECT OF AN INVALID AND 3NRE5ISTERED CBA:- there is no bar and therefore a certification election may be held

NOTE: *egistration of C5A only puts into effect the contract bar rule but the C5A itself is validand binding even if unregistered.

S3BSTIT3TIONARY DOCTRINE - where there occurs a shift in the employees$ unionallegiance after the e1ecution of a collective bargaining contract with the employer, theemployees can change their agent the labor union" but the collective bargaining contractwhich is still subsisting continues to bind the employees up to its e1piration date. &heymay, however, bargain for the shortening of said e1piration date.



2. DEADLOCK BAR R3LE - a petition for certification election can not be entertained if, beforethe filing of the petition for certification election, a bargaining deadlock to which an incumbent orcertified bargaining agent is a party had been submitted to conciliation or arbitration or hadbecome the subject of a valid notice of strike or lockout.

DEADLOCK – arises when there is an impasse which presupposes reasonable effort at good

faith bargaining which, despite noble intentions, did not conclude in agreement between theparties.

INDICATIONS OF A 5EN3INE DEADLOCK!. the submission of the deadlock to a third party conciliator or arbitrator#. the deadlock is the subject of a valid notice of strike or lockout

+. NE5OTIATION BAR R3LE - a petition for certification election can not be entertained if,before the filing of the petition for certification election, the duly recognized or certified union hascommenced negotiations with the employer in accordance with Art. #< of the 0abor Code.

. CERTIFICATION YEAR R3LE – no petition for certification election may be filed within oneyear from the date of a valid certification, consent, or run-off election or from the date ofvoluntary recognition

E,A0PLES OF BAD FAIT7 BAR5AININ5:

!. (urface 5argaining – occurs when employer constantly changes its positions over theagreement.

#. 5oulwarism – occursa. when the employer directly bargains with the employee disregarding the union.b. 7mployer submits its proposals and adopts a take it or leave it stand. &his is not

negotiation because the take it or leave it stand implies threat.

%. (ide 5ar &echni)ue

D3TIES OF T7E PARTIES D3RIN5 T7E ?>DAY PERIOD:

!. to keep the status )uo and#. to continue in full force and effect the terms and conditions of the e1isting agreement during

the >-day period andor until a new agreement is reached by the parties. Art. #<%"

ART. 2+JA. TER0S OF A COLLECTIVE BAR5AININ5 A5REE0ENT

D3RATION OF T7E CBA:

!. :ith respect to the representation aspect, the same lasts for < years#. :ith respect to other provisions, the same may last for a ma1imum period of % years after

the e1ecution of the C5A

R3LE ON RETROACTIVE EFFECTS OF A5REE0ENT PROVISIONS:



- Any agreement on such other provisions of the C5A ("* <ithi! ? (o!ths after the dateof e1piry of the C5A is subject to A3TO0ATIC RETROACTION to the day immediatelyfollowing such date of e1piry.

- f !ot ("* <ithi! ? (o!ths9 th $"rtis (") "gr to th DATE OF RETROACTION .&his rule applies only if there is an 7L(&9 A*77@79&. f T7ERE IS NO E,ISTIN5

A5REE0ENT, there is no retroactive effect because the date agreed upon shall be the startof the period of agreement.

NOTE: Article #<%-A on retroaction does not apply if the provisions were imposed by the(ecretary of 0abor by virtue of arbitration. t applies only if the agreement was voluntarily madeby the parties.

ART. 2. NO IN3NCTION R3LE

9o temporary or permanent injunction pr restraining order in any case i!=o#=i!g orgro<i!g o%t of #"&or *is$%ts shall be issued by any court or other entity, '$t as

otherwise provided in Articles #!? and #>+ of this Code.

ART. 2. E,CL3SIVE BAR5AININ5 REPRESENTATION AND WORKERSPARTICIPATION IN POLICY AND DECISION0AKIN5

)HAT IS THE (EANIN& OR EXTENT OF THE )OR8ERS0 RI&HT TO PARTI%IPATE INPOLI%' AND DE%ISION9(A8IN& PRO%ESSES?

(uch right refers 690E to participation in grievance procedures and voluntary modes ofsettling disputes and 96& to formulation of corporate programs and policies.

ONE3NION9 ONECO0PANY POLICY - the proliferation of unions in an employer unit is

discouraged as a matter of policy unless there are compelling reasons which would deny acertain class of employees the right to self-organization for purposes of collective bargaining.

E,CEPTION: supervisory employees who are allowed to form their own unions apart from therank-and-file employees

LABOR 0ANA5E0ENT CO3NCILS deal with the employer on matters affecting employee$srights, benefits and welfare. &hey may be formed even if there is already a union in thecompany.

TITLE VII A



"s i!'or$or"t* &) RA ?/1@

5RIEVANCE 0AC7INERY AND VOL3NTARY ARBITRATION

ART. 2?>. 5RIEVANCE 0AC7INERY AND VOL3NTARY ARBITRATION

5RIEVANCE 0AC7INERY - a mechanism for the adjustment of controversies or disputesarising from the interpretation or implementation of the C5A and the interpretation orenforcement of company personnel policies

5RIEVANCE: arises when a dispute or controversy arises over the implementation orinterpretation of a C5A or from the implementation or enforcement of company personnelpolicies, and either the union or the employer invokes the grievance machinery provision for theadjustment or resolution of such dispute or controversy

ART 2?1. 3RISDICTION OF VOL3NTARY ARBITRATORS OR PANEL OF VOL3NTARY

ARBITRATORS

3RISDICTION OF VOL3NTARY ARBITRATORS:

!. 7LC03(87 6*9A0 F3*(/C&69 C69;7**7/ 5E 0A:a" interpretation or implementation of the C5Ab" interpretation or enforcement of company personnel polices

- t is the labor arbiter and not the grievance machinery which has jurisdiction over dismissalpursuant to the union security clause.

#. F3*(/C&69 5E A*77@79& 6; &D7 4A*&7( Art. #>#"

- all other disputes including 304 and bargaining deadlocks

5RO3NDS FOR 3DICIAL REVIEW OF DECISIONS OF VOL3NTARY ARBITRATORS:

!. 0ack of jurisdiction#. rave abuse of discretion%. 8iolation of due process+. /enial of substantial justice<. 7rroneous interpretation of the law

TITLE VIIISTRIKES AND LOCKO3TS AND FOREI5N INVOLVE0ENT IN TRADE 3NION ACTIVITIES

C7APTER ISTRIKES AND LOCKO3TS



ART. 2?+. STRIKES9 PICKETIN5 AND LOCKO3TS

STRIKE - Any temporary stoppage of work by the concerted action of employees as a result ofan industrial or labor dispute.

I0PORTANCE- it is the most effective weapon of labor in protecting the rights of employees to improve the

stems and conditions of their employment.

STRIKEBREAKER - any person who obstructs, impedes or interferes by force, violence,coercion, threats or intimidation with any peaceful picketing by employees during any laborcontroversy affecting wages, hour or conditions of work or in the e1ercise of the right to selforganization or collective bargaining

STRIKE AREA – the establishment, warehouse, depots, plants or offices, including the sites orpremises used as runaway shops of the employer struck against, as well as the immediatevicinity actually used by picketing strikers in moving to an fro before all points of entrance to and

e1it front said establishment

LOCKO3T - means the temporary refusal of an employer to furnish work as a result of anindustrial or labor dispute.

5RO3NDS FOR T7E DECLARATION OF STRIKE

!. deadlock in collective bargaining economic"2 andor #. unfair labor practices political"

W7O CAN DECLARE ECONO0IC B"rg"i!i!g D"*#o'@ STRIKE:

collective bargaining agent

W7O CAN DECLARE POLITICAL 3LP@ STRIKE:

!. collective bargaining agent, or #. legitimate labor organization in behalf of members

SITDOWN STRIKE - is characterized by a temporary work stoppage of workers who thereuponseize or occupy property of the employer or refuse to vacate the premises of the employer.

IS A SIT9DO)N STRI8E LE&AL?NO. t amounts to a criminal act because the employees trespass on the premises of the

employer.

WILDCAT STRIKE- is a work stoppage that violates the labor contract and is not authorized bythe union.

IS A )ILD%AT STRI8E ,ALID? NO. t is not valid because it fails to comply with certain re)uirements of the law, to wit,

notice of strike, vote, and report on strike vote.



IS A :)EL&A N& BA'AN; LE&AL? NO. A Hwelga ng bayanI is illegal because it is a political strike and therefore there is

neither a bargaining deadlock nor any 304. t is a political rally.

PICKETIN5 the act marching to and fro the employer$s premises, usually accompanied by the

display of placards and other signs making known the facts involved in a labor dispute. &his isan e1ercise of one$s freedom of speech.

ECONO0ICSTRIKE

3LP STRIKE

!. 8oluntary strikebecause theemployee willdeclare strike tocompel

management togrant itsdemands.

!. nvoluntary2labororganization isforced to go onstrike because

the 304committedagainst them bythe employer. tis an act of self-defense sincethe employeesare beingpushed to thewall and theironly remedy is tostrike.

COOLIN5 JOFF PERIOD that period of time given the 9C@5 to mediate and conciliate theparties.

- t is that span of time allotted by law for the parties to settle their disputes in a peacefulmanner, before staging a strike or lockout.

N30BER OF DAYS IN T7E COOLIN5 OFF PERIOD:

!. f the ground for the intended strike or lockout is DEADLOCK IN COLLECTIVE

BAR5AININ5, the cooling-off period is +> *")s from the filing of the notice of strike.#. f the ground for the intended strikes is 3NFAIR LABOR PRACTICE, the cooling-off period

is 1 *")s from the filing of the notice of strike. &herefore'

- 7OWEVER, in case of dismissal from employment of union officers duly elected inaccordance with the union$s Constitution and 5y-laws, which may constitute union bustingwhere the e1istence of the union is threatened, the !<-day cooling-off period shall 96&apply and the union may take action immediately.



&he 'oo#i!g off $rio*s "!* s=!*") stri &"! "r ("!*"tor)2 otherwise the purposesfor which they have been imposed would not be achieved

E,CEPTION TO T7E COOLIN5OFF PERIOD:

- n case of dismissal from employment of union officers duly elected in accordance with theunion constitution and by-laws, which may constitute union busting where the e1istence ofthe union is threatened, he !<-day cooling-off period shall 96& apply and th %!io! (")t" "'tio! i((*i"t#) but it must still observe the mandatory = day period before it canstage a valid strike.

STRIKE VOTE - a re)uirement wherein the 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 the purpose.

P3RPOSE OF A STRIKE VOTE to ensure that the intended strike is a majority decision

)HEN SHO$LD THE STRI8E ,OTE BE S$B(ITTED?

&he report on the strike vote must be submitted to the /607 at least = days before theintended strike subject to the cooling-off period.

TESTS IN DETER0ININ5 T7E LE5ALITY OF A STRIKE:

!. :hether or not it has a LAWF3L P3RPOSE#. :hether or not it complies with the PROCED3RAL RE83IRE0ENTS OF T7E LAW, to wit

–- notice of strike- %!<-day cooling-off period- strike vote- =-day strike ban

%. :hether or not it is e1ecuted through LAWF3L 0EANS.

NOTE: &he % tests must concur.

EFFECT OF 5OOD FAIT7 OF STRIKERS ON LE5ALITY OF STRIKE: - A strike may be considered legal where the union believed that the company committed

304 and the circumstances warranted such belief in good faith, although subse)uently suchallegations of 304 are found out as not true.

)HEN %AN THE SE%1 OF LABOR ASS$(E *$RISDI%TION O,ER A STRI8E?

!. there e1ists a labor dispute causing or likely to cause a strike or lockout in a industryindispensable to the national interest,

#. the (ecretary of 0abor and 7mployment may assume jurisdiction and 7&D7*'- decide it, or - certify the same to the Commission for C6@430(6*E A*5&*A&69.



NOTE: :hat constitutes INDISPENSABLE IND3STRY is based solely upon the discretion ofthe (ecretary of 0abor.

EFFECTS OF T7E ASS30PTION OF 3RISDICTION OF T7E SECRETARY

!. "%to("ti'"##) !;oi!s the intended or impending strike or lockout as specified in theassumption or certification order2

#. if one has already taken place at the time of assumption or certification, all striking orlocked-out employees shall i((*i"t#) rt%r! to <or2 and

%. the employer shall immediately resume operations and r"*(it "## <orrs under the sameterms and conditions prevailing before the strike or lockout.

A motion for reconsideration does not suspend the effects as the assumption order isimmediately e1ecutory.

TOTALITY DOCTRINE:

the culpability of an employer$s remarks are to be evaluated not only on the basis of their implicitimplications but are to be appraised against the background of and in conjunction with collateralcircumstances.

- 3!*r this *o'tri! e1pressions of opinion by an employer which, though innocent inthemselves, fre)uently were held to be culpable because- of the circumstances under which they were uttered,- -the history of the particular employer$s labor relations of anti-union bias or - -because of their connection with an established collateral plan of coercion or

interference. *othenberg"

ISS3ES T7AT T7E SECRETARY OF LABOR CAN RESOLVE W7EN 7E ASS30ES3RISDICTION OVER A LABOR DISP3TE:

!. 6nly issues submitted to the (ecretary may be resolved by him. PAL =s. S'. of L"&or92+ "!%"r) 1--1@

#. ssues submitted to the (ecretary for resolution and such issues involved in the labordispute itself. St. S'ho#"sti'"s Co##g =s. Torrs9 2- %! 1--2@

%. (ecretary of 0abor may subsume pending labor cases before 0abor Arbiters which areinvolved in the dispute. I!t# Ph"r("'%ti'"#s =s. S' of L"&or9 >- "!%"r) 1--2@.

+. 4ower of (ec. of 0abor is plenary and discretionary. St. L%s 0*i'"# C!tr =s.Torrs9 2- %! 1--+2 reiterated in PAL =s. Co!fsor9 1> 0"r'h 1--@.

TESTS TO DETER0INE VALIDITY OF STRIKES

!. P3RPOSE TEST - &he strike must be due to either- bargaining deadlock andor - unfair labor practice.



#. 0EANS E0PLOYED TEST- -A strike may be legal at its inception but eventually bedeclared illegal if the strike is accompanied by violence which violence is widespread,pervasive and adopted as a matter of policy and not merely violence which is sporadicwhich normally occur in a strike area.

+. CO0PLIANCE WIT7 PROCED3RAL M S3BSTANTIVE RE83IRE0ENTS OF LAW

IN %ASE THE STRI8E IS DE%LARED LE&AL- ARE THE STRI8ERS ENTITLED TOSTRI8E D$RATION PA'?

IT DEPENDS.!. f it is an E'o!o(i' Stri, the strikers are 96& entitled to strike duration pay on the

principle that Ha fair day$s wageI accrues only for a fair day$s laborI.

#. f it is a 3LP Stri, the award of strike duration pay is discretionary on the authoritydeciding the case.

5ENERAL R3LE:

- (trikers are not entitled to their wages during the period of a strike, =! if th stri is#g"#.

E,CEPTIONS:

!. :here the strikers voluntarily and unconditionally offered to return to work, but theemployer refused to accept the offer.

- &hey are entitled to backwages from the date the offer was made- e.g. of an Hunconditional offerI' Hwe will return tomorrowI and 96& Hwilling to return

providedQI

#. :here there is return-to-work and the employees are discriminated against.

- &hey are entitled to backwages from the date of discrimination.

R3LES IN STRIKES IN 7OSPITALS

!. t shall be the duty of striking employees or locking-out employer to provide and maintain aneffective skeletal workforce of medical and other health personnel for the duration of thestrike or lock-out.

#. (ecretary of 0abor may immediately assume jurisdiction within #+ hours from knowledge ofthe occurrence of such strike or lock-out or certify it to the Commission for compulsoryarbitration

ART. 2?. PRO7IBITED ACTIVITIES

!. 96 labor organization or employer shall declare a strike or lockout

- without first having bargained collectively in accordance with &itle 8 of this 5ook or

- without first having filed the notice re)uired in Art. #>% or without the necessary strikeor lockout vote first having been obtained and reported to the /epartment.



96 strike or lockout shall be declared'a. A;&7* assumption of jurisdiction by the 4resident or the (ecretary or b. A;&7* certification or submission of the dispute to compulsory or voluntary

arbitration or /3*9 the pendency of cases involving the same grounds for the strike or lockout.

#. 96 person all obstruct, impede or interfere with by force, violence, coercion, threats orintimidation

- any peaceful picketing by employees

- during any labor controversy or in the e1ercise of the right of self- organization or collective bargaining or shall aidor abet such obstruction or interference.

%. 96 employer shall use or employ any (&*R7-5*7AR7* nor shall any person be employedas a strike-breaker.

+. 96 public official or employee, including officers and personnel of the 9ew Armed ;orces ofthe 4hilippines of the ntegrated 9ational 4olice, or armed persons,

- shall bring in, introduce or escort in any manner,

- any individual who seeks to replace strikes in entering or leaving the premises of astrike area, or work in place of the strikers.

&he police force shall keep out of the picket lines unless actual violence or other criminalacts occur therein'

0ro+ided , &hat nothing herein shall be interpreted to prevent any public officers from taking anymeasure necessary to'

- maintain peace and order,

- protect life and property, andor

- enforce the law and legal order.

<. 96 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 lawfulpurposes, or

- obstruct public thoroughfares.

R3LES ON REINSTATE0ENT OF WORKERS:

5ENERAL R3LE - (triking employees are entitled to reinstatement, regardless of whether ornot the strike was the conse)uence of the employer$s 304

REASON' because while out on strike, the strikers are not considered to have abandoned

their employment, but rather have only ceased from their labor.- &he declaration of a strike is 96& a renunciation of employment relation.

E,CEPTIONS' &he following strikers are 96& entitled to reinstatement'!. union officers who knowingly participate in an illegal strike2 and#. any strikerunion member who knowingly participates in the commission of illegal acts

during the strike.



ART. 2?. I0PROVED OFFER BALLOTIN5

I0PROVED OFFER BALLOTIN5: a referendum conducted by the 9C@5 on or before the %th

day of the strike, for the purpose of determining whether or not the improved offer of the union isacceptable to the union members.

- "$$#is o!#) to 'o!o(i' stris &"rg"i!i!g *"*#o'@

P3RPOSE' to ascertain the real sentiment of the silent majority of the union members onstrike.

RED3CED OFFER BALLOTTIN5: a referendum conducted by the 9C@5 for the purpose ofdetermining whether or not the reduced offer of the union is acceptable to the board of directors,trustees or partners.

- "$$#is o!#) to 'o!o(i' stri

ART. 2??. ARREST AND DETENTION

5!r"# r%# is that a police officer cannot arrest or detain a union member for union activitieswithout previous consultations with the (ecretary of 0abor '$t on grounds of'

a. national securityb. public peacec. commission of a crime

BOOK SI,POST E0PLOY0ENT

TITLE ITER0INATION OF

E0PLOY0ENT

ART. 2/-. SEC3RITY OF TEN3RE

SEC3RITY OF TEN3RE - the constitutional right granted the employee, that the employer shallnot terminate the services of an employee e1cept for just cause or when authorized by law.

An employee who has been dismissed illegally is entitled to'

a. *einstatementb. 5ackwages

ART. 2>. RE53LAR AND CAS3AL E0PLOY0ENT

RE53LAR E0PLOY0ENT - one wherein an employee is engaged to perform activities whichare usually necessary or desirable in the usual business or trade of the employer.



TE0PORARY E0PLOY0ENT - one wherein an employee is engaged to work on a specificproject or undertaking which is usually necessary or desirable in the usual business or trade ofthe employer, the completion of which has been determined at the time of the agreement of theemployee.

SEASONAL E0PLOY0ENT - one wherein an employee is engaged to work during a particularseason on an activity that is usually necessary or desirable in the usual business or trade of theemployer.

PROBATIONARY PERIOD OF E0PLOY0ENT - the period needed to determine the fitness forthe job, i .e., the time needed to learn the job.

t is period during which the employer may determine if the employee is )ualified forpossible inclusion in the regular force.

NOTE' &he standard which the probationary employee is to meet must be made known by theemployer to the employee at the time of engagement.

&he services of probationary employees may be terminated for the same causes as in

the case of regular employee, e1cept that there is an additional ground – failure to meet thestandard.

LI0ITATIONS ON T7E E0PLOYERS POWER TO TER0INATE A PROBATIONARYE0PLOY0ENT CONTRACT:!. the power must be e1ercised in accordance with the specific re)uirements of the contract2#. if a particular time is prescribed, the termination must be within such time and if formal

notice is re)uired, then that form must be used2%. the employer$s dissatisfaction must be real and in good faith, no feigned so as to

circumvent the contract or the law2 and+. there must be no unlawful discrimination in the dismissal.

5ENERAL R3LE: 4robationary employment shall not e1ceed si1 months from the date theemployee started working.

E,CEPTIONS:4robationary employment may e1ceed si1 months-

!. when it is covered by an apprenticeship agreement stipulating a longer period2 or #. when the parties to an employment contract agree otherwise, such as when the same is

established by company policy or when the same is re)uired by the nature of the work tobe performed by the employee

EFFECT IF PROBATIONARY E0PLOYEE IS ALLOWED TO WORK BEYOND ? 0ONT7S:

f the probationary employee is allowed to work beyond the period of > months or theagreed probationary period, said employee becomes a regular employee by operation of law.

3nder the 0abor Code, Han employee who is allowed to work after a probationary periodshall be considered a regular employee.I Art. #?!."

ART. 22. TER0INATION BY E0PLOYER



3ST CA3SES:

!. (erious misconduct or willful disobedience by the employee of the lawful orders of hisemployer or representative in connection with his work2

#. ross and habitual neglect by the employee of his duties2

%. ;raud or willful breach by the employee of the trust reposed in him by his employer or dulyorganized representative2

+. Commission of a crime or offense by the employee against the person of his employer orany immediate member of his family or his duly authorized representative2 and

<. 6ther causes analogous to the foregoing.

ARTS. 2+2.

A3T7ORI6ED CA3SES OF TER0INATION BY T7E E0PLOYER:

!. installation of labor-saving devices automation"

#. redundancy superfluity in the performance of a particular work"%. retrenchment to prevent losses there is e1cess of employees and employer wants to

prevent financial losses"+. closing or cessation of operation of the establishment or undertaking 3907(( the closing is

for the purpose of circumventing the provisions of the 0abor Code.<. disease

a. the disease is incurable within > months and the continued employment of theemployee is prohibited by law or prejudicial to his health as well as to the health ofhis co-employees

b. certification from public heath officer that the disease is incurable within > months.

CONDITIONS 3NDER W7IC7 AN E0PLOYER 0AY RETRENC7:

!. e1pected losses should be imminent and substantial2#. retrenchment must be reasonably necessary and likely to effectively prevent the e1pected

losses2 and%. alleged losses if already incurred, and the e1pected imminent losses sought to be

forestalled, must be proved by sufficient and convincing evidence

ART. 2. TER0INATION BY E0PLOYEE

TER0INATION BY T7E E0PLOYEE:

An employee may terminate WIT7O3T 3ST CA3SE the employee-employerrelationship by serving a WRITTEN NOTICE on the employer at least one month in advance. .

&he employer upon whom no such notice was served may hold the employee liable fordamages.

An employee may put an end to establish WIT7O3T SERVIN5 ANY NOTICE on theemployer for any of the following 3ST CA3SES:



!. (erious insult by the employer or his representative on the hour and person of theemployee2

#. nhuman and unbearable treatment accorded the employee by the employer or hisrepresentative2

%. Commission of a crime or offense by the employer or his representative against the personof the employee or any of the immediate members of his family2 and

+. 6ther causes analogous to any of the foregoing.

SEPARATION PAY

n case of termination due to'

a" &D7 9(&A00A&69 6; 0A56*-(A89 /78C7( and *7/39/A9CE- the worker affected thereby shall be entitled to a separation pay e)uivalent to at least one

!" month pay or to at least one !" month pay for every year of service, whichever is higher.

b" *7&*79CD@79& &6 4*7879& 06((7( and C06(3*7( 6* C7((A&69 6;647*A&69( NOT /37 &6 (7*63( 53(97(( 06((7( 6* ;9A9CA0 *787*(7(

- &he separation pay shall be e)uivalent to one !" month pay or at least S month pay forevery year of service, whichever is higher.

c" /(7A(7- separation pay e)uivalent to at least one month salary or to S month salary for every year of

service, whichever is greater, a fraction of at least > months shall be considered one !"whole year.

NOTE' f C06(3*7 ( /37 &6 (787*7 ;9A9CA0 06((7(, it is still debatable whether ornot separation pay should be given.- f it is proven that !G of the capital investment has been impaired, the employer should be

e1empt for the payment of separation pay.

53IDELINES TO DETER0INE T7E VALIDITY OF TER0INATION:!. ravity of the offense#. 4osition occupied by the employee%. /egree of damage to the employer +. 4revious infractions of the same offense<. 0ength of service

ART. 2/. RETIRE0ENT

RETIRE0ENT A5E '&he age of retirement is that specified in the C5A or in the employmentcontract. f it is not specified,

!. >->< - retirement is optional but the employee must have served at least < years 2 or #. >< - compulsory retirement age no need for < years of service"

BENEFITS- A retiree is entitled to a retirement pay e)uivalent at least S month salary forevery year of service, a fraction of at least si1 >" months being considered as one whole year.

3nless the parties provide for broader inclusions, the term Hone half !#" month salaryIshall mean'



• !< days plus !!# of the !%th month pay and

• the cash e)uivalent of 96& more than < days of service incentive leaves.

##.< days per year of service"

NOTE' 71empted from the payment of retirement pay are retail, service and agriculturalestablishments or operations employing 96& more than ten !" employees or workers.

BOOK SEVENTRANSITORY AND FINAL PROVISIONS

TITLE IIPRESCRIPTION OF OFFENSES AND CLAI0S

ART. 2-1. 0ONEY CLAI0S

PERIODS OF PRESCRIPTION

A. 0ONEY CLAI0S - the prescriptive period is % years from the accrual of the cause of action.5. 3LP the prescriptive period of filing a case for 304 is ! year from the accrual of the cause

of action.C. ILLE5AL DIS0ISSAL the prescriptive period of filing a case for illegal dismissal is + years

from the accrual of the cause of action. Art. !!+>"

NOTE' &he period of prescription mentioned under Article ## of the 0abor Code refers to andis limited to money claims, all other cases of injury to rights of a workingman being governed bythe Civil Code. Dence, REINSTATE0ENT prescribes in + years.

POST E0PLOY0ENT

FOR0S OF REINSTATE0ENT:

!. ACT3AL OR P7YSICAL REINSTATE0ENT- the employee shall be admitted back to work

#. PAYROLL REINSTATE0ENT- the employee is merely reinstated in the payroll

PERIOD COVERED BY T7E PAY0ENT OF BACKWA5ES: 5ackwages shall cover theperiod from the date of dismissal of the employee up to the date of actual reinstatement

SEC3RITY OF TEN3RE: An employer CA996& terminate the services of an employee7LC74& for a just cause or when authorized by law.

RE83IRE0ENTS OF D3E PROCESS BEFORE AN E0PLOYEE CAN BE RE0OVED:

!. written notice to apprise the employee of the particular acts or omission for which hisdismissal is sought and is hereby considered as the proper charge2



#. ample opportunity given to the employee to be heard and if the employee so decides, withthe assistance of counsel2 and

%. written notice informing the employee of the employer$s decision to terminate his services

NOTE: 3nder the so-called :794D0 /6C&*97 if the services of the employee wasterminated due to a just or authorized cause but the affected employee$s right to due process

has been violated, the dismissal is legal but the employee is entitled to damages by way ofindemnification for the violation of the right.

6n Fan. #=, #, the (C in the case of SERRANO =s. ISETANN t. "#. abandoned the:794D0 /6C&*97 and ruled that if the employee is dismissed under just or authorizedcause but the affected employee$s right to due process has been violated, his dismissalbecomes ineffectual . &herefore, the employee is entitled to backwages from the time he wasdismissed until the determination of the justness of the cause of the dismissal.

REINSTATE0ENT - *estoration of the employee to the state from which he has been removedor separated without loss of seniority rights and other privileges.

)HAT HAPPENS IF THERE IS AN ORDER OF REINSTATE(ENT B$T THE POSITION IS

NO LON&ER A,AILABLE?f the 46(&69 4*7863(0E 6CC347/ 5E &D7 7@406E77 ( 96 0697*

A8A0A507 at the time of reinstatement, he should be given a (35(&A9&A00E 7T38A079&46(&69.

f 96 (35(&A9&A00E 7T38A079& 46(&69 ( A8A0A507, reinstatement shouldnot be ordered because that would in effect compel the employer to do the impossible. n such asituation, the employee should merely be given (74A*A&69 4AE C69((&9 6; 697@69&D (A0A*E ;6* 787*E E7A* 6; (7*8C7 !'!".

CIRC30STANCES W7EN CO0PANY 0AY NOT REINSTATE DESPITE ORDER OFREINSTATE0ENT

!. &ransfer of business ownership - &here is no law re)uiring a purchasing corporation toabsorb the employees of the selling corporation. ( fortiori , reinstatement of unjustlydismissed employees CA996& be enforced against the new owner 3907(( there is ane1press agreement on the assumption of liabilities by the purchasing corporation2

#. :hen reinstatement is rendered impossible due to the abolition of the position2%. :hen the business has closed down2+. 4hysical incapacity of the employee2 and<. /octrine of (trained *elations - :hen the employer can no longer trust the employee and

vice-versa, reinstatement could not effectively serve as a remedy. &his doctrine only appliesonly to positions which re)uire trust and confidence

- 3nder the circumstances where the employment relationship has become so strainedto preclude a harmonious working relationship, and that all hopes at reconciliation are

nil after reinstatement, it would be more beneficial to accord the employee backwagesand separation pay.

BACKWA5ES – the relief given to an employee to compensate him for lost earnings during theperiod of his dismissal.

7OW CO0P3TED: 3nder e1isting law, backwages is computed from the time of the illegaldismissal up to time of actual reinstatement.



)HAT ARE IN%L$DED IN THE %O(P$TATION OF BA%8)A&ES?

!. transportation and emergency allowances#. vacation or service incentive leave and sick leave%. !%th month pay.

D6:787*, facilities such as uniforms, shoes, helmets and ponchos should 96& beincluded in the computation of backwages. *7A(69' said items are given free, tobe used only during official tour of duty not for private or personal use.

CIRC30STANCES T7AT PREVENT AWARD OF BACKWA5ES:

!. death of the employee#. physical and mental incapacity%. business reverses+. closure of business

<. reinstatement of dismissed employee>. confinement in jail

SPECIAL LAWS

SOCIAL SEC3RITY SYSTE0

COVERA5E:Compulsory upon all employees not over > years of age and their employersn case of domestic h#$rs, their monthly income should not be less than one thousand

pesos Any benefit already earned by the employees under private benefit plans e1isting at the

time of the approval of the Act shall not be discontinued, reduced or otherwise impaired andshall continue to remain under the employer$s management unless there is an e1istingagreement to the contrary

;ilipinos recruited by foreign based employers for employment abroad may be covered

by the ((( on a voluntary basisCompulsory upon such self- employed persons as may be determined by the

Commission including but not limited to the following'!. all self employed professionals#. partners and single proprietors%. actors and actresses directors+. professional athletes, coaches, trainers<. individual farmers and fishermen



RETIRE0ENT BENEFITS: CONDITIONS FOR ENTITLE0ENT

!. @ember has rendered at least !< years of service#. De is at least > years of age at the time of retirement%. De is not receiving a monthly pension benefit from permanent total disability

PER0ANENT DISABILITY BENEFITS

@onthly income benefit for life e)ual to the basic monthly pension effective from the dateof the disability. 4rovided'

!. De is in the service at the time of the disability#. f separated from service, he has paid at least %> monthly contributions within the < year

period immediately preceding the disability or has paid a total of at least !? monthlycontributions prior to the disability

3nless the member has reached the minimum retirement age, disability benefits shall be

S3SPENDED when'

!. he is reemployed#. he recovers from his disability as determined by the ((, whose decision shall be final and

binding%. he fails to present himself for medical e1amination when re)uired by the ((

TE0PORARY DISABILITY BENEFITS

=<G of the current daily compensation for each day or fraction thereof of temporarydisability benefit not e1ceeding !# days in one calendar year after e1hausting all sick leavecredits and collective bargaining agreement sick leave benefits. 4*68/7/'

!. he is in service at the time of his disability#. if separated, he has rendered at least % years of service and has paid at least > monthly

contributions in the !#- month period immediately preceding the disability

D6:787*, a member cannot enjoy temporary total disability benefit and sick leave paysimultaneously and in no case shall it be less than = pesos a day.

S3RVIVORS7IP BENEFITS:

3pon the death of a member, the primary beneficiaries shall be entitled to'survivorship pension, 4*68/7/'

a. member was in service at the time of his death$

b. if separated from service, has rendered at least % years of service and paid %> monthlycontributions with the <- year period immediately preceding his death or has paid a totalof at least !? monthly contributions.

LIFE INS3RANCE BENEFITS

All employees e1cept members of the A;4 and the 494 shall be compulsorily coveredwith life insurance.



PRESCRIPTION OF CLAI0S

Claims for benefits under the Act e1cept for life and retirement shall prescribe after +years from the date of the contingency.

3RISDICTION

(( shall have the e1clusive and original jurisdiction to settle any dispute arising underthe Act and any other laws administered by the ((.

REP3BLIC ACT NO. ///

AN ACT DECLARIN5 SE,3AL 7ARASS0ENT 3NLAWF3L IN T7E E0PLOY0ENT9ED3CATION OR TRAININ5 ENVIRON0ENT9A ND FOR OT7ER P3RPOSES

DECLARATION OF POLICY. &he (tate shall value the dignity of every individual, enhancethe development of its human resources, guarantee full respect for human rights, and upholdthe dignity for workers, employees, applicants for employment, students or those undergoingtraining, instruction or education. &owards this end, all forms of se1ual harassment in theemployment, education or training environment are hereby declared unlawful.

&he law punishes se1ual harassment if the same is'!. work-related2#. education-related2%. training-related

WORK9 ED3CATION OR TRAININ5RELATED SE,3AL 7ARASS0ENT DEFINED. :ork,

education or training-related se1ual harassment is committed by an employer, employee,manager, supervisor, agent of the employer, manager or supervisor, agent of the employer,teacher, instructor, professor, coach, trainor, or any other person who, having authority,influence or moral ascendancy over another in a work or training or education environment,de%ands, requests or otherwise requires any se"ual fa+or fro% another, regardless of whetherthe de%and, request for require%ent for su)%ission is accepted )y the o)ect of said act.

a" in a work-related or employment environment, se1ual harassment is committed when'

!" the se1ual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individualfavorable compensation, terms, conditions, promotions or privileges, or the refusal to

grant the se1ual favor results in limiting, segregating or classifying the employee whichin any way would discriminate, deprive or diminish employment opportunities orotherwise adversely affect said employee2

#" &he above acts would impair the employees rights and privileges under e1isting laborlaws2



%" &he above acts would result in an intimidating, hostile or offensive environment for theemployee.

b" in an education or training environment, se1ual harassment is committed'

!" against one who is under the care, custody or supervision of the offender2

#" against one whose education, training, apprenticeship or tutorship is entrusted to theoffender2

%" when the se1ual favor is made a condition to the giving of a passing grade, or thegranting honors and scholarships, or the payment of a stipend, allowance or otherbenefits, privileges or considerations2

+" when the se1ual advances result in an intimidating, hostile or offensive environment forthe result, trainee or apprentice.

Any person who directs or induces another to commit any act of se1ual harassment as

herein defined, or who cooperates in the commission thereof by another without which itwould not have been committed shall also be held liable under this Act.

D3TY OF T7E E0PLOYER OR 7EAD OF OFFICE IN A WORKRELATED9ED3CATION OR TRAININ5 ENVIRON0ENT. t shall be the duty of the employer or thehead of the work-related, educational or training environment or institution, to prevent ordeter the commission of acts of se1ual harassment and to provide for the procedures for theresolution, settlement or prosecution of acts of se1ual harassment. &owards this end, theemployer or head of office shall'

a" 4romulgate appropriate rules and regulations in consultation with and jointlyapproved by the employees or students or trainees, through their duly designated

representatives, prescribing the procedure for the investigation of se1ual harassmentcases and the administrative sanctions therefor.

&he said rules and regulations issue pursuant to this sub-section a" shall include,among others, guidelines on proper decorum in the workplace and educational ortraining institutions.

b" Create a committee on decorum and investigation of cases on se1ual harassment.&he committee shall conduct meetings, as the case may be, with officers andemployees, teachers, instructors, professors, coaches, trainors and students ortrainees to increase understanding and prevent incidents of se1ual harassment. tshall also conduct the investigation of alleged cases constituting se1ual harassment.

n the case of work-related environment, the committee shall be composed of

at least one !" representative each from the management, the union, if any, theemployees from the supervisory rank, and from the rank and file employees.

n the case of the educational or training institution, the committee shall becomposed of at least one !" representative from the administration, the trainors,teachers, instructors, professors or coaches and students or trainees, as the casemay be.

&he employer of the head of office, educational or training institution shalldisseminate or post a copy of this Act for the information of all concerned.



LIABILITY OF T7E E0PLOYER9 7EAD OF OFFICE9 ED3CATIONAL OR TRAININ5INSTIT3TION. &he employer or head of office, educational or training institution shall besolidarily liable for damages arising from the acts of se1ual harassment committed in theemployment, education or training environment if the employer or head of office, educational ortraining institution is informed of such acts by the offended party and no immediate action is

taken thereon.

INDEPENDENT ACTION FOR DA0A5ES9othing in this Act shall preclude the victim of work, education or training-related se1ual

harassment from instituting a separate and independent action for damages and otheraffirmative relief.

PENALTIES Any person who violates the provision of this Act shall, upon conviction, be penalized by

imprisonment of not less than !1$ %onth nor %ore than si" !6$ %onths, or a fine of not less thanen thousand pesos !1,$ nor %ore than wenty thousand pesos !2,$, or )oth such fineand i%prison%ent at the discretion of the court.

Any action arising from the violation of the provision s of this Act shall prescri)e in three!3$ years.

53IDELINES ON T7E RI57T TO OR5ANI6E OF 5OVERN0ENT E0PLOYEES E. O. 1>@

COVERA5E Applies to all employees of all branches, subdivisions, instrumentalities and agencies of

the government, including government- owned or controlled corporations :&D original charters All government employees can form, join or assist employees$ organizations of their own

choosing for the furtherance and protection of their interest. &hey can also form in conjunctionwith appropriate government authorities, labor-management committees, works councils and

other forms of workers$ participation schemes to achieve the same objectives.Digh- level employees whose functions are normally considered as policy- making or

managerial or whose duties are of a highly confidential nature shall not be eligible to join theorganization of rank and file government employees.

RE5ISTRATIONA## go=r!(!t ($#o)s org"!i"tio!s sh"## rgistr <ith th Ci=i# Sr=i'

Co((issio! "!* th D$"rt(!t of L"&or "!* E($#o)(!t.

PROTECTION OF T7E RI57T TO OR5ANI6E

!. overnment employees shall not be discriminated against in respect of their

employment by reason of their membership in employees$ organization or participation inthe normal activities of the organization.

#. overnment authorities shall not interfere in the establishment, functioning oradministration of government employees$ organization through acts designed to place suchorganization under the control of the government authority

1+T7 0ONT7 PAY LAW P.D. 1@



W7O ARE E,CL3DED FRO0COVERA5E:

!. government employees#. household helpers

%. employees paid purely on commission basis+. employees already receiving !%th month pay

W7AT CAN BE CONSIDERED AS1+T7 0ONT7 PAY:

!. Christmas bonus#. @idyear bonuses%. Cash bonuses

Labor Relations Mem.aid

Documents

Transcript of Labor Relations Mem.aid