Assigned Questions
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Transcript of Assigned Questions
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8/18/2019 Assigned Questions
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25. Is compromise agreement has the efect o res judicata?
A compromise agreement is not appealable, and is immediately
executory unless a motion is fled to set aside the agreement onthe ground o raud, mistake, or duress, in which case an appeal
may be taken against the order denying the motion. Under Article
203 o the !i"il !ode, a compromise has upon the parties the
e#ect and authority o res judicata, e"en when e#ected without
$udicial appro"al% and under the principle o res judicata, an issue
which had already been laid to rest by the parties themsel"es can
no longer be relitigated.
A&'. 22 Compromise Agreements. Anycompromise settlement, including those in"ol"ing laborstandard laws, "oluntarily agreed upon by the partieswith the assistance o the (ureau or the regional o)ceo the *epartment o +abor, shall be fnal and bindingupon the parties. 'he ational +abor &elations!ommission or any court shall not assume $urisdictiono"er issues in"ol"ed therein except in case o noncompliance thereo or i there is prima
facie e"idence that the settlement was obtained throughraud, misrepresentation, or coercion.
26. Who are the workers with right to sel-organization or purpose o collectie !argaining?
-t is the right o workers and employees to orm, $oin or assist
unions, organiations or associations or purposes ocollecti"e bargaining and negotiation and or mutual aid andprotection. -t also reers to the right to engage in peaceulconcerted acti"ities or to participate in policy and decision/making processes a#ecting their rights and benefts.
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8/18/2019 Assigned Questions
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'he ollowing may $oin a labor organiation
• a1 all employees employed in commercial, industrial and
agricultural enterprises and in religious, charitable, medicalor educational institutions whether operating or proft ornot%
• b1 go"ernment employees in the ci"il ser"ice%
• c1 super"isory personnel%
• d1 security personnel% and,
• e1 aliens with "alid working permit pro"ided there are
nationals o a country which grants the same or similarrights to ilipino workers as certifed by the *epartment ooreign A#airs *A1.
2". Is attitude pro!lem analogous to loss o trust andcon#dence$ hence$ constitute as a alid ground ortermination?
it is a alid ground or termination$ when the grounds cited
are the analogous causes or termination under Article 242e1, like
ine)ciency, incompetence, ineptitude, poor perormance and
others. -t declared that in these cases, the +&! or the courts
may opt to grant separation pay anchored on social $ustice inconsideration o the length o ser"ice o the employee, the
amount in"ol"ed, whether the act is the frst o#ense, the
perormance o the employee and the like, using the guideposts
enunciated in PLDT on the propriety o the award o separation
pay.