Ateneo 2007 Labor Law (Social Legislation)

8/21/2019 Ateneo 2007 Labor Law (Social Legislation)

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Labor Law & Social Legislation Summer Reviewer

ATENEOCENTRALBAROPERATIONS2007

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Laboratories Philippines, Inc. vs. AbbottLaboratories Employees Union, et al., GR No.131374, 26 January 2000)

Appeal of Regional Director s Decision under Art.

129 Appeal to NLRC

Summary Decision of the Voluntary Arbiter appeal to CA

under Rule 43 (Luzon Devt Bank) Decision of the DOLE and other attached

agencies (including NLRC) should be brought tothe CA under Rule 65 (St. Martin Funeral Homes)

Decision of the DOLE Secretary certiorari to theCA under Rule 65 (NAFLU v. Laguesma)

Order of the Med-Arbiter in CE in organizedestablishments not appealable under DO 40-03(2003). Thus, the recourse is certiorari underRule 65.

Decisions of the BLR in its appellate certiorariunder Rule 65 (UST Employees Union v. Bitonio)

Certiorari is not a substitute for lost appeal. 10 days to perfect appeal by filing a

Memorandum of Appeal Property bond is now allowed. [UERM-Memorial

Medical Center v. NLRC, 269 SCRA 70 (1997)] Appeal bond must be strictly complied with. NLRC cannot resuscitate a lost appeal.

Only 1 MR is allowed. LA cannot entertain an MR or a petition for relief

of judgment After the decision has become final and

executory, the writ of execution is NOTappealable.

To stay writ of execution, ask for an injunctionunder Art. 218(e)

Period to appeal cannot be extended BUT in anumber of cases, SC entertained appeals filedout of time under the interest of justice rule (esp.if the appellants are the employees).

Doctrine of supervening event (i.e. closure ofcompany) requires payment of separation payand full backwages up to the time of the closure

of the company.

Reinstatement Pending Appeal (RPA)1. Decision of the LA2. Independent right3. Payroll reinstatement4. Receipt of LAs decision

Even if NLRC reverses LA decision, theemployee is still entitled to the benefit of RPA.

NLRC cannot order a refund of benefits orsalaries.

Rationale: for the employee to earn after all hewon in the LA level

Time to reckon reinstatement is the date of

receipt of LAs decision; not NLRC decision Relief of the employer is to ask for an injunction

under Art. 218(e) If the employee is confidential, only payroll

reinstatement is required.

VII. PENAL PROVISIONS AND LIABILITIES

Penalties for Violations of the Provisions of theLabor Code

Fine of Php 1,000 to Php 10,000, orimprisonment for 3 months to 3 years, or both at thediscretion of the court.

Persons liable if an offense is committed by ajuridical person

The penalty shall be imposed upon the guiltyofficer or officers of such corporation, trust, firm,partnership, association or entity.

Prescriptive period of offenses penalized by theLabor CodeGR: 3 years from the time the cause of actionaccrued

Exception: ULP cases prescribe within 1 year from

accrual of such unfair labor practice

SOCIAL LEGISLATION

THIRTEENTH-MONTH PAY (PD 851)


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All employers are required to pay all their rank-

and-file employees a 13th month pay not laterthan December 24 of every year. Suchemployees are entitled to the benefit regardless

of their designation or employment status andirrespective of the method by which their wagesare paid, provided that they have worked for atleast 1 mo. during a calendar year.

13th Month Pay 1/12th of the basic salary of anemployee within a calendar year

Basic Salary includes all remunerations orearnings paid by an employer to an employee forservices rendered but does not include cost of livingallowances (COLA), profit-sharing payments and allallowances and monetary benefits (e.g. unused VLand sick leave credits, OT premium, night differential

and holiday pay) which are not considered orintegrated as part of the regular or basic salary of theemployee. However, the above should be included inthe computation if by individual or collectiveagreement, company practice or policy.

Exempted Employees:1. Government and any of its political subdivisions,

including GOCCs, except those corporationsoperating essentially as private subsidiaries ofthe Government;

2. Employers already paying their employees 13thmonth pay or more in a calendar year or itsequivalent at the time of issuance of PD 851 Its equivalent includes Christmas bonus,

mid-year bonus, cash bonuses and otherpayments amounting to not less than 1/12 ofthe basic salary but shall not include cashand stock dividends, COLA and all otherallowances regularly enjoyed by the Eee aswell as non-monetary benefits.

3. Employers of household helpers and persons inthe personal service of another in relation to suchworkers

4. Employers of those who are paid on commission,boundary, or task basis, and those who are paida fixed amount for performance of a specific

work, irrespective of the time consumed in theperformance thereof, EXCEPT where theworkers are paid on a piece-rate basis, in whichcase the employer shall grant the required 13thmonth pay to such workers. Piece Rate employees who are paid a

standard amount for every piece or unit ofwork produced that is more or less regularlyreplicated, without regard to the time spent inproducing the same.

13th Month Pay for Certain Types of Employees1. Employees paid by results entitled to 13th

month pay2. Those with Multiple Employers entitled to the

13th month pay from all their private employers

regardless of their total earnings from each or allof their employers3. Private School Teachers entitled regardless of

the number of months they teach or are paidwithin a year, if they have rendered service for atleast 1 month within a year.

13th

Month Pay of Resigned or SeparatedEmployeeentitled to the benefit in proportion to thelength of time he worked during the year, reckonedfrom the time he started working during the calendaryear up to the time of his resignation or terminationfrom the service

May be demanded by the employee upon thecessation of EER.

Non-inclusion in Regular Wagebenefit need notbe credited as part of regular wage of employees forpurposes of determining OT pay and premium pays,fringe benefits as well as contributions to the stateinsurance fund, Social Security, Medicare, andprivate retirement plans

ANTI-SEXUAL HARASSMENT ACT OF 1995

(RA 7877)

Where Committedworking, education, training environment (WET)

Who Commits1. employer2. employee3. manager4. supervisor5. agent of the employer6. teacher7. instructor8. professor9. coach10. trainor11. any other person having authority, influence or

moral ascendancy over another

How CommittedPerson liable demands, requests, or otherwiserequires any sexual favor from the other, regardlessof whether the demand, request or requirement forsubmission is accepted by the object of said Act


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Work-Related/Employment Environment, SexualHarassment Committed When1. The sexual favor is made as a condition

a. in hiring or in the employment, reemployment

or continued employment of said individualb. in granting said individual favorablecompensation, terms, conditions, promotionsor privileges

c. the refusal to grant the sexual favor results inlimiting, segregating or classifying theemployee which in any way woulddiscriminate, deprive or diminish employmentopportunities or otherwise adversely affectsaid employee

2. The above acts would impair the employeesrights or privileges under existing labor laws

3. The above acts would result in an intimidating,hostile or offensive environment for the employee

Duty of Employer1. Promulgate appropriate rules and regulations

prescribing the procedure for investigation ofsexual harassment cases as well as guidelineson proper decorum in the workplace

2. Create a committee on decorum andinvestigation of cases on sexual harassment.

Liability o f Employer / Head of OfficeSolidarily liable for damages arising from the acts ofsexual harassment committed in the employment,education or training environment if the employer is

informed of such acts by the offended party and noimmediate action is taken

Prescription:3 years

EXECUTIVE ORDER NO. 180Guidelines for the exercise of the right to organize of

government employees, creating a public sectorlabor-management council, and for other purposes.

CoverageIt applies to all government employees--employees

of all branches, subdivisions, instrumentalities, andagencies of the government, including GOCCs withoriginal charters (1)

Excluded from CoverageMembers of the Armed Forces of the Philippines,including police officers, policemen, firemen and jailguards (4)

Right to Organize

All government employees can form, join or assistemployees organizations of their own choosing forthe furtherance and protection of their interests. Theycan also form, in conjunction with appropriategovernment authorities, labor-management

committees, work councils, and other forms ofworkers participation schemes for the sameobjectives (2)

Who are Ineligible to Join Organization of Rank &File Government EmployeesHigh-level employees whose functions are normallyconsidered as policy-making or managerial or whoseduties are of a highly confidential nature (3)

Protection of Right to OrganizeThey shall not be discriminated against in respect oftheir employment by reason of their membership or

participation in employees organizations. Theiremployment shall not be subject to the condition thatthey shall not join or shall relinquish theirmembership therein (5)

Non-Interference of Government Author itiesGovernment authorities shall not interfere in theestablishment, functioning or administration ofgovernment employees' organizations through actsdesigned to place such organizations under thecontrol of government authority (6)

Place of RegistrationCSC and DOLE (7)

Procedure for the Registration of EmployeesOrganizations1. File application with BLR or Regional Office,

which shall transmit the application to the BLRwithin 3 days from receipt

2. BLR shall process the application in accordancewith the Labor Code (7)

3. Upon approval, a registration certificate will beissued, recognizing it as a legitimate employeesorganization with the right to represent itsmembers and undertake activities to further anddefend its interests

4. The certificates of registration shall be jointlyapproved by the Chairman of the CSC andSecretary of DOLE (8)

Appropriate Organizational Uni tIt is the employers unit consisting of rank-and-fileemployees unless circumstances otherwise require.(9)

Sole and Exclusive Representative of Employees


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It is the duly registered employees organizationhaving the support of the majority of the employees inthe appropriate organizational unit (10)

Voluntary Recognit ion

A duly registered employees organization shall beaccorded voluntary recognition upon a showing thatno other employees organization is registered or isseeking registration, based on records of the BLR,and that the said organization has the majoritysupport of the R&F employees in the organizationalunit (11)

Certification ElectionWhere there are 2 or more duly registeredemployees organizations in the appropriateorganizational unit, the BLR shall, upon petition,order the conduct of a certification election and shallcertify the winner as the exclusive representative ofthe R&F employees in said organization unit (12)

Subject of NegotiationTerms and conditions of employment orimprovements thereof, except those that are fixed bylaw, may be the subject of negotiations between dulyrecognized employees' organizations and appropriategovernment authorities (13)

Peaceful Concerted Activiti es and StrikesThe Civil Service laws and rules governing concertedactivities and strikes in the government service shallbe observed, subject to any legislation that may be

enacted by Congress. (14)

Public Sector Labor-Management CouncilIt is the body charged with implementing andadministering EO 180.

Composition of Council1. Chairman, CSC - Chairman2. Secretary, DOLE Vice-Chairman3. Secretary, - DOF - Member4. Secretary, DOJ Member5. Secretary, Department of Budget and

Management Member (15)

Settlement of DisputesThe Civil Service and labor laws and procedures,whenever applicable, shall be followed in theresolution of complaints, grievances and casesinvolving government employees. In case any disputeremains unresolved after exhausting all the availableremedies under existing laws and procedures, theparties may jointly refer the dispute to the Council, forappropriate action. (16)

Bautista v. CA, GR No. 123375, 28 February 2005The SC affirmed its ruling in Association of Court

of Appeals Employees v Ferrer-Calleja (GR No.94716, 15 Nov. 1991), where it ruled that the BLRhas the jurisdiction to call for and supervise the

conduct of certification elections in the public sector.The Court stated that there is no constitutionalobjection to DOLE handling the certification processconsidering its expertise, machinery and experiencein this particular activity. EO 180 requiresorganizations of government employees to registerwith both DOEL and CSC. This ambivalencenotwithstanding, the CSC has no facilities, personneland experience in the conduct of certificationelections. BLR has to do the job.

SALIENT PROVISIONS OF THESSS LAW & GSIS LAW

(ANNEX O)

NATIONAL HEALTH INSURANCE ACT OF 1995(RA 7875)

General Objectives1. provide all citizens of the Philippines with the

mechanism to gain financial access to healthservices;

2. create the National Health Insurance Program toserve as the means to help the people pay forhealth care services;

3. prioritize and accelerate the provision of healthservices to all Filipinos, especially that segmentof the population who cannot afford suchservices; and

4. establish the Philippine Health InsuranceCorporation that will administer the Program atcentral and local levels

BENEFICIARY - Any person entitled to health carebenefits under this Act.

CAPITATION- A payment mechanism where a fixedrate, whether per person, family, household or group,

is negotiated with a health care provider who shall beresponsible for delivering or arranging for the deliveryof health services required by the covered personunder the conditions of a health care providercontract.

CONTRIBUTION- The amount paid by or in behalf ofa member to the Program for coverage, based onsalaries or wages in the case of formal sectoremployees, and on household earnings and assets,in the case of the self-employed, or on the other


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criteria as may be defined by the Corporation inaccordance with the guiding principles set of this Act.

DEPENDENT - The legal dependents of a memberare:

1. the legitimate spouse who is not a member2. the unmarried and unemployed legitimate,legitimated, illegitimate, acknowledged childrenas appearing in the birth certificate; legallyadopted or stepchildren below 21 years of age

3. children who are 21 years old and above who aresuffering from congenital disability, eitherphysical or mental, or any disability acquired thatrenders them totally dependent on the memberfor support

4. the parents who are 60 years old or above whosemonthly income is below an amount to bedetermined by the Corporation in accordancewith the guiding principles set forth of this Act.

EMPLOYEE- Any person who performs services foran employer in which either or both mental andphysical efforts are used and who receivescompensation for such services, where there is anemployer-employee relationship.

EMPLOYER - A natural or juridical person whoemploys the services of an employee.

ENROLLMENT - The process to be determined bythe Corporation in order to enlist individuals asmembers or dependents covered by the Program.

MEMBER- Any person whose premiums have beenregularly paid to the National Health InsuranceProgram. He may be a paying member, an indigentmember or a pensioner/retiree member.

MEDICARE- The health insurance program currentlybeing implemented by the Philippine Medical CareCommission. It consists of:

a. Program I, which covers members of theSSS and GSIS including their legaldependents; and

b. Program II, which is intended for those not

covered under the Program I

NATIONAL HEALTH INSURANCE PROGRAM -The compulsory health insurance program of thegovernment as established in this Act, which shallprovide universal health insurance coverage andensure affordable, acceptable, available andaccessible health care services for all citizens of thePhilippines.

PENSIONER - An SSS or GSIS member whoreceives pensions therefrom.

RETIREE - A member of the Program who hasreached the age of retirement or who was retired on

account of disability.

SELF-EMPLOYED- a person who works for himselfand is therefore both employee and employer at thesame time.

THE NATIONAL HEALTH INSURANCE PROGRAM

Purpose1. To provide health insurance coverage and

ensure affordable, acceptable, available andaccessible health care services for all citizens ofthe Philippines

2. To serve as the means for the healthy to help payfor the care of the sick and for those who canafford medical care to subsidize those whocannot. (5)

Establishment1. Include sustainable system of funds constitution,

collection, management and disbursement forfinancing the availment of a basic minimumpackage and other supplementary packages ofhealth insurance benefits by a progressivelyexpanding proportion of the population.

2. Limited to paying for the utilization of healthservices by covered beneficiaries or to

purchasing health services in behalf of suchbeneficiaries.

3. Prohibited from providing health care directly,from buying and dispensing drugs andpharmaceuticals, from employing physicians andother professionals for the purpose of directlyrendering care, and from owning or investing inhealth care facilities. (5)

CoverageAll citizens of the Philippines (6)

Enrollment

1. Beneficiaries shall be enrolled in order for themto be placed under coverage that entitles them toavail of benefits.

2. Enrollment process includes the identification ofbeneficiaries, issuance of appropriatedocumentation specifying eligibility to benefits,and indicating how membership was obtained oris being maintained.

3. Enrollment shall proceed in accordance withthese specific policies:


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a. all persons currently eligible for benefitsunder Medicare Program I, including SSSand GSIS members, retirees, pensioners andtheir dependents, shall immediately andautomatically be made members of the

National Health Insurance Program;b. all persons eligible for benefits through healthinsurance plans established by localgovernments as part of Program II ofMedicare or in accordance with theprovisions of this Act, including indigentmembers, shall also be enrolled in theProgram.

c. all persons eligible for benefits as membersof local health insurance plans shall also bedeemed to have enrolled in the Program.Enrollment of persons who have no currenthealth insurance coverage shall be givenpriority by the corporation; and

d. all persons eligible for benefits as membersof other government initiated healthinsurance programs, community-basedhealth care organizations, cooperatives, orprivate non-profit health insurance plans shallbe enrolled in the Program uponaccreditation by the Corporation (7)

Benefit Package1. Inpatient hospital care:

a. room and board;b. services of health care professionals;c. diagnostic, laboratory, and other medical

examination services;d. use of surgical or medical equipment and

facilities;e. prescription drugs and biologicals; subject to

the limitations stated in Section 37 of this actf. inpatient education packages

2. Outpatient care:a. services of health care professionals;b. diagnostic, laboratory and other medical

examination services;c. personal preventive services; andd. prescription drugs and biologicals; subject to

the limitations described in Section 37 of thisAct

3. Emergency and transfer services

4. Other health care services (10)

Excluded Personal Health Service1. non-prescription drugs and devices;2. outpatient psychotherapy and counseling for

mental disorders;

3. drug and alcohol abuse or dependencytreatment;

4. cosmetic surgery;5. home and rehabilitation services;6. optometric services;

7. normal obstetrical delivery; and8. cost-ineffective procedures which shall bedefined by the Corporation. (11)

ENTITLEMENT TO BENEFITSA. Requisites:

1. A member whose premium contributions forat least 3 months have been paid within the 6months prior to the first day of his or hisdependents' availment;

2. He can show that he contributes withsufficient regularity; and

3. He is not currently subject to legal penalties

B. Monthly contributions need not be paid by thefollowing to be entitled to benefits:1. Retirees and pensioners of the SSS and

GSIS prior to the effectivity of this Act2. Members who reach the age of retirement

and have paid at least 120 monthlycontributions; and

3. Enrolled indigents (11)

GRIEVANCE SYSTEMMembers, dependents, or health care providers

of the Program who believe they have beenaggrieved by any decision of the implementors of the

Program, may seek redress of the grievance inaccordance with the provisions of this Article.

Grounds for Grievances1. any violation of the rights of patients;2. a willful neglect of duties of Program

implementors that results in the loss or non-enjoyment of benefits by members or theirdependents;

3. unjustifiable delay in actions on claims;4. delay in the processing of claims that extends

beyond the period agreed upon; and5. any other act or neglect that tends to undermine

or defeat the purposes of this Act. (40)

Grievance and Appeal ProcedureA. Who may file complaint

1. Member,2. Dependent, or3. Health care provider

B. Procedure1. A complaint for grievance must be filed with

the Local Health Office (LHO)


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2. LHO shall rule on the complaint within 90calendar days from receipt

3. Appeals from LHO decisions must be filedwith the Board within 30 days from receipt ofnotice of dismissal or disallowance by the

Office

C. LHO has NO jurisdiction over any issue involving:1. suspension or revocation of accreditation2. imposition of fines, or3. imposition of charges on members or their

dependents in case of revocation of theirentitlement.

D. All decisions by the Board as to entitlement tobenefits of members or to payments of healthcare providers shall be considered final andexecutory

E. Hearing Procedures of Grievance and AppealReview Committee (GARC)1. Upon the filing of the complaint, GARC may

dismiss the case outright due to lack ofverification, failure to state the cause ofaction, or any other valid ground for dismissalof the complaint after consultation with theBoard; or require the respondent to file averified answer within 5 days from service ofsummons.

2. Should the defendant fail to answer thecomplaint within the reglamentary five-dayperiod, GARC, motu proprio or upon motion

of the complainant, shall render thejudgment.

3. After an answer is filed and the issues arejoined, GARC shall require the parties tosubmit, within 10 days from receipt of theorder, the affidavits of the witnesses andother evidence on the factual issues definedtherein, together with a brief statement oftheir positions setting forth the law and thefacts relied upon by them. In the event GARCfinds, upon consideration of the pleadings,the affidavits and other evidence, andposition statements submitted by the parties,

that a judgment may be rendered thereonwithout need of a formal hearing, it mayproceed to render judgment not later 10 daysfrom the submission of the positionstatements of the parties

4. In cases where GARC deems it necessary tohold a hearing to clarify specific factualmatters before rendering judgment, it shallset the case for hearing for the purpose. Atsuch hearing, witnesses whose affidavitswere previously submitted may be asked

clarificatory questions by the proponent andby the Committee and may be cross-examined by the adverse party. The hearingshall be terminated within 15 days, and thecase decided by the Committee within15

days from such termination.5. The decision of GARC shall become finaland executory 15 days after notice thereof

6. Such decision is appealable to the Board byfiling the appellant's memorandum of appealwithin 15)days from receipt of the copy of the

judgment appealed from. The appellees shallbe given15 days from notice to file theappellee's memorandum after which theBoard shall decide the appeal within 30 daysfrom the submittal of the said pleadings.

7. The decision of the Board shall also becomefinal and executory 15 days

Such decision is reviewable by the Supreme Court onpurely questions of law (41)


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ANNEXB:RequirementsinCaseofMerger/Consolidation

/Affiliation

Affiliation

Merger

Consolid

ation

WHERE

TOFILE

Reportofaffilia

tionshallbefiledwiththe

RegionalOffice

thatissueditscertificateof

registration

a.

Noticeofmergeroftheindepend

ent

laborunions,charteredlocalsan

d

workersassociationshallbefiledwith

theRegionalOfficethatissuedthe

certificateofregistration

b.

Noticeofmergeroffederationsh

allbe

filedandrecordedwiththeBurea

u

a.

Noticeofconsolidationofthe

independentlaborunions,chartered

localsandworkersassociationshallbe

filedwiththeRegion

alOfficethatissued

thecertificateofregistrationof

consolidationoffede

rationshallbefiled

b.

Noticerecordedwith

theBureau

REQUIREMENTS

a.

Resolution

ofthelaborunionsboardof

directorsa

pprovingtheaffiliation

b.

minutesofthegeneralmembership

meetingapprovingtheaffiliation

c.

totalnumb

erofmembersandnamesof

memberswhoapprovedtheaffiliation

d.

certificate

ofaffiliationissuedbythe

federation

infavoroftheindependently

registered

laborunion

e.

writtennoticetotheemployer

concerned

iftheaffiliatingunionisthe

incumbentbargainingagent

a.

minutesofmergerconventionor

generalmembershipmeetingsofallthe

merginglabororganizationswith

thelist

oftheirrespectivememberswho

approvedthesame

b.

amendedconstitutionandby-law

sand

minutesofitsratification,unless

transpiredintheconvention,whichfact

shallbeindicated

a.

minutesofconsolida

tionconventionof

alltheconsolidating

labororganizations,

withthelistoftheirrespectivemembers

whoapprovedthesame

b.

amendedconstitutio

nandby-laws,

minutesofitsratifica

tiontranspiredinthe

consolidationconventionorinthesame

generalmembership

meetings,which

factshallbeindicate

daccordingly

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ANNEX C: Procedure for Registration of Labor Organization

Where to fil e

Regional Office Bureau

labor union

(Action within 10 days from receipt of application)

Regional Office in case ofapplications for registration ofindependent unions.

Applications for registration offederations, national unions orworkers association operating inmore that one region shall be filedwith the Bureau or Regional Officesbut shall be processed by theBureau.

A duly-registered federation ornational union may directly create achartered local by submitting the

required documents (See Annex A)to the Regional Office. (DO 40-B-03)

Approval- Issuance of certificate ofregistration

Denial

Ground: Failure to comply withrequirements



APPEAL BY MEMO OF APPEALWITHIN

10 DAYS FROM RECEIPT OF NOTICE

GROUNDS:1. Grave abuse of discretion;2. Violation of rules as amended

If the documents submitted areincomplete or do not contain the requiredcertification and attestation, TheRegional Office should notify theapplicant in writing within 5 days fromreceipt of application.

The applicant must be given 30 daysfrom notice to complete the requirements

If applicant fails to complete therequirements within 30 days, theapplication shall be denied.

DENIAL BY:

Regional Office(transmit recordswithin 24 hours fromreceipt of Memo of

Appeal)

Bureau(transmit recordswithin 24 hours fromreceipt of Memo of

A eal

Secretary of DOLE(decision within 20days from receipt ofrecords)

Bureau(decision within 20days from receipt ofrecords)

Supreme Court

Rule 65

Supreme CourtRule 65


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ANNEX D: Procedure for Cancellation of Regist ration of Labor Organizations



File independent complaintor petition for cancellation

based on the grounds

Regional Director in case ofindependent labor union,

chartered local andworkers' association

Any party-in-interest may commencea petition for cancellation

Members of labororganization for actionsinvolving violations of Art.241

Bureau Director in case offederations, national or

industry unions and tradeunion centers

Notice and Due Process

Resolved by RegionalDirector like the procedure

of Inter/Intra-Union Disputes(Rule XI)

e. Acting as a labor contractor orengaging in the "cabo" system, orotherwise engaging in any activityprohibited by law;

f. Entering into collective bargainingagreements which provide for termsand conditions of employmentbelow minimum standardsestablished by law;

g. Commission of any of the actsenumerated under Article 241 of theLabor Code; provided that nopetition for cancellation based onthis ground may be granted unlesssupported by at least thirty (30%)percent of all the members of therespondent labor organization;

h. Asking for or accepting attorney'sfees or negotiation fees from theemployer;

i. Other than for mandatory activitiesunder the Labor Code, checking offspecial assessments or any otherfees without duly signed individualwritten authorizations of themembers;

j. Failure to submit list of individualmembers to the Bureau once a yearor whenever required by theBureau;

k. Failure to comply with therequirements of registrationprescribed under Rules III and IV

GROUNDS:a. Misrepresentation, false statement

or fraud in connection with theadoption or ratification of the

constitution and by-laws oramendments thereto, the minutes ofratification, the list of members whotook part in the ratification of theconstitution and by-laws oramendments thereto, the minutes ofratification, the list of members whotook part in the ratification;

b. Failure to submit the documentsmentioned in the precedingparagraph within thirty (30) daysfrom adoption or ratification of theconstitution and by-laws oramendments thereto;

c. Misrepresentation, false statementsor fraud in connection with the

election of officers, minutes of theelection of officers, the list of voters,failure to submit these documentstogether with the list of the newlyelected or appointed officers andtheir postal address within thirty (30)days from election;

d. Failure to submit the annualfinancial report to the Bureau withinthirty (30) days after the close ofevery fiscal year andmisrepresentation, false entries orfraud in the preparation of thefinancial report;


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ANNEX E: Cancellation of Registrat ion of Labor Organizat ions due to Non-Compliance with theReportorial Requirements



Labor Relations Division of theRegional Office or the Bureau

a) on its own initiative

b) upon complaint filed byany party-in-interest

Make a report of the labororganizations non-compliance

Submit to the Bureau forverification of records

Bureau shall send a notice for complianceby registered mail with return card to the

labor organization concerned

Comply with the reportorialrequirements and submit proof

thereof to the Bureau

No response from labororganization

Within 10days from

receipt 30 days from release of notice

No response within 30 days from release of 2nd

notice

Bureau shall cause publicationof the notice of cancellation in

2 newspapers of generalcirculation

Bureau may conduct investigation:1) employers premises; and2) labor organizations last

known address

Bureau has verified the dissolution ofthe labor organization

No response w/in 30 days fromdate of publication

Bureau shall:1) order cancellation of registration

2) cause its de-listing from the roster oflegitimate labor organizations

Conditions for administrativecancellation:

(a) Non-compliance is for a continuousperiod of five (5) years;(b) The procedures laid down in thisRule were complied with; and(c) The labor organization concernedhas not responded to any of thenotices sent by the Bureau, or itsnotices were returned unclaimed.


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ANNEX F: Elections under Rule 12 Of The Implementing Rules

Within 60 days before thePresident of the labororganization shall constitute a

committee on election

expiration of the term of the incumbent

Committee shall exercise its powers 10 daysfrom its constitution

1) set the date, time and venue of theelection;

2) prescribe the rules on the qualification

and eligibility of candidates and voters;3) prepare and post the voters list and thelist of qualified candidates;

4) accredit the authorized representatives ofthe contending parties;

5) supervise the actual conduct of theelection and canvass the votes to ensurethe sanctity of the ballot;

6) keep minutes of the proceedings;7) be the final arbiter of all election protests;8) proclaim the winners; and9) prescribe such other rules as may

facilitate the orderly conduct of election.

Committee composed ofat least three (3)members who are notrunning for any position inthe election.if there are identifiableparties within the labororganization, each party

shall have equalrepresentation in thecommittee

at least 30% of the members of the labororganization may file a petition for conduct ofelection of union officers with the Regional Officeif 1. Terms of officers have expired and officerfailed to call for election of new officers, or 2.Labor organizations constitution and by-laws donot provide for the manner by which election canbe called or conducted.Petition to be heard by Bureau in case of

federations, national or industry unions, tradeunion centers.

Formal requirements, processesand periods of disposition of thisdisposition is the same as thosestated in Rule XI of DO 40-03Inter/Intra Union Dispute.Appointment of an election officerand procedures and periods inconduct of pre-election conferenceand election proceedings under

Rule IX Conduct of CertificationElection will also apply here.

Committee shall elect itsChairman




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ANNEX G: Bargaining Procedure under the Labor Code (Ar t. 250)



Reply not later than 10 days from receipt

Serve written notice withstatement of proposals upon

the other party.

If differences arise on the basis ofnotice and reply

If the dispute is not settled.

Reply of other party

Conference

Board shall intervene, callparties to conciliation

meetings

Board shall have the power toissue subpoenas to require

attendance to such meetings. Board shall exert all efforts tosettle disputes amicably,encourage parties to submit caseto voluntary arbitrator.

Parties are prohibited from doingany act which may disrupt orimpede the early settlement of thedisputes.

The recognized or certified labor unionand its employer may adopt such

procedures and processes they maydeem appropriate and necessary forthe early termination of theirnegotiations.

They shall name their respectiverepresentatives to the negotiation,schedule the number and frequency ofmeetings, and agree on wages,benefits and other terms andconditions of work for all employeescovered in the bargaining unit.


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ANNEX H: PETITION FOR CERTIFICATION ELECTION

Raffle dispensed withIf there is only 1 Med-arbiter

Must be within 10 days from

Receipt of petition

may conduct suchnumber of hearings,

within 10 days but hearings should

from last hearing not exceed 15 daysfrompreliminary hearing.

If there is no appealWithin 10 days from

Must be within 10 days from Receipt of decision,Date of entry of agreement Med-arbiter shall enter

The finality of the decisionIn the records of the case



File petition forcertification election

Raffle

Service of notice ofpreliminary conference

Preliminary Conference

Parties agree to aconsent election

Parties fail toagree on consent

election

Forward records ofpetition to RegionalDirector/ authorized

representative

First pre-electionconference

Hearings

Decision

Who may file?

any legitimate labororganization

employer, whenrequested to bargaincollectvely

Where to file?

with the Regional Officewhich issued thecertificate ofregistration/certificate ofcreation

When to file?

anytime, except:a. When voluntary

recognition has beenentered, or a validcertification, consentor run-off election hasbeen conductedwithin 1 year prior tothe filing.

b. negotiations in goodfaith with theemployer

c. bargaining deadlockhad been submittedto conciliation orarbitration or hadbecome the subjectof a valid notice ofstrike or lockout.

d. Registered CBA may file only within60 days prior to theexpiration of the CBA.

Grounds for Denying Petition

a. the petitioner is not listed in the Departments registry of legitimate labor unionsor that its legal personality has been revoked or cancelled with finality.

b. the petition was filed before or after the freedom period of a duly registeredcollective bargaining agreement; provided that the sixty-day period based onthe original collective bargaining agreement shall not be affected by anyamendment, extension or renewal of the collective bargaining agreement;

c. the petition was filed within one (1) year from entry of voluntary recognition or avalid certification, consent or run-off election and no appeal is pending;

d. a duly certified union has commenced and sustained negotiations with theemployer within the one-year period referred to in Section 14.c of this Rule, orthe bargaining deadlock existing had been submitted to conciliation orarbitration or had become the subject of a valid notice of strike or lockout.

e. in case of an organized establishment, failure to submit the twenty-five percent(25%) support requirement forthe filing of the petition for certification election.


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Petition Granted Petition DeniedPetition DeniedPetition Granted

Unorganized

establishment

Decision

Organized

establishment



within 10 days from receiptof decision

File memorandum of appealwith Regional Office where thepetition originated

Non-appealable

Regional Director to transmit entirerecords within 24 hours fromreceipt of appeal to Office of

Secretary

Reply reply may be filed by any party within 10days from receipt of memorandum ofappeal.

Secretarys Decision Secretary shall have 15 daysfrom receipt of the entirerecords to decide

Secretary decision final andexecutory within 10 days fromreceipt by the parties.

No motion for reconsideration

shall be entertained. The entire records of the case

shall be remanded to theRegional Office forimplementation within 48 hoursfrom notice of receipt ofdecision.


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ANNEX I: Conduct of Certif ication Election

Receipt of notice of entry of finaljudgment granting the conduct of

certification election

24 hours

Regional Director shall cause theraffle of the case to an Election

Officer

24 hours from receipt of the assignment

Failure to appear in the pre-election conferenceconsidered a waiver of rightto question any agreementin the pre-election

conference. But non-appearing party retains theright to be given notices ofsubsequent pre-electionconferences

Posting of Notices: at least 10 days before

election. 2 most conspicuous

places in company

premisesContents:1. date and time of election2. names of all contending

unions3. description of the

bargaining unit, list ofeligible and challengedvoters

Election Officer shall cause theissuance of notice of pre-electionconference upon the contending

unions and the employer

Pre-election conference Must be within 10 days fromreceipt of the assignment

Must be completed within 3 daysfrom date of the first hearing

Certification Election

Election precinctsclose

Must not be later than 45 daysfrom date of the first pre-electionconference

the election precincts shall openand

close on the date and time agreedupon during the pre-electionconference.



the opening and canvass shallproceed immediately after theprecincts have closed.

Transmit records of the case toMed-arbiter. Med-arbiter shallissue an order proclaiming the

results of the election.

The proclamation must be under anyof the ff. conditions:1. no protest was filed or, even if

one was filed, the same was notperfected within the five-dayperiod for perfection of theprotest.

2. no challenge or eligibility issue

was raised or, even if one wasraised, the resolution of the samewill not materially change theresults of the elections

Canvass of votesFailure of Election

when the votes cast is lessthan the majority of theeligible voters, and thereare no material challengedvotes.

Another certification orconsent election may beheld within 6 months.


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ANNEX J: Procedure in Handling Grievances

Based on DO 40-03This will apply only in theabsence of a provision in theCBA or existing companypolicy.

Present grievance toshop steward



No settlement

Immediate su ervisor

Grievance Committee

Still unresolved 10 days

Either party may servenotice upon the other ofits decision to submit to

voluntary arbitration

Grievancecommittee decision

If the party upon whom the notice isserved fails or refuses to respondfavorable within 7 days from receipt:

1. Designated voluntary arbitrator orpanel shall begin voluntaryarbitration proceedings, or

2. Board shall call the parties andappoint a voluntary arbitrator orpanel.


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ANNEX K: Inter/Intra-Union Dispute & Other Related Labor Relations Disputes



Raffle is dispensed with if there is only one Med-

arbiter or Hearing Officer in the Region

File complaint or petition

Raffle

Within 3 days from receiptOf petition

Med-arbiter shall cause theservice of summons upon the

respondents.

Prepare, cause service of noticeof preliminary conference upon

the party filing the petition.

Petition shall betransmitted to Med-

arbiter

Preliminar conference within 10 days from receipt of the

complaint or petition

No amicable settlementParties agree to amicablesettlement

Decision based on theamicable settlement within 5

days from preliminaryconference.

limited to clarificatoryquestions by Med-arbiter

Proceed with stipulation of facts,limitation of issues, clarificatoryquestioning, submission of laws

and jurisprudence

deemed submitted fordecision after the lasthearing or upon expiration of25 days from preliminary

conference, whichevercomes first. (max of 25 daysto conduct hearings)

Bureau/Med-arbiter mustDecision

Hearin /s

Decide within 20 daysFrom last hearing

Where to file?1. Regional Office which issued certificate of registration/creation

- complaints involving labor unions with independent registration, charteredlocals, workers association, its officer/members.

2. Bureau- involving federations, national unions, industry unions, itsofficers/members.

3. Regional Director- petitions for cancellation of registration of labor unions, petitions forderegistration of CBA

Who may file?any legitimate labororganization or its membersany party-in-interestif the issue involves the entiremembership of the labororganization, complaint mustbe supported by 30% ofmembers.


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Must appeal within 10days from receipt of decision

Med-arbiter/ RegionalDirector Decision

Bureau DirectorDecision

May call parties to a clarificatory hearing

Must decide within 20 daysFrom receipt of records

Bureau Director Office of the Secretar

Final and executoryIf there is no appeal with 10 days

Only 1 MR allowed

Records remanded to the

Bureau Director Decision Office of DOLE Secretar

Bureau DirectorDecision Final and

Executory

Office of SecretaryDecision Final and

Executory

Regional Office or Bureau of originFor implementation within 24 hours

From receipt of decision by the partiesand finality of decision

Execution of Decision Med-arbiter and Regional Director Decision,

or Bureau Decision, in the exercise of itsoriginal jurisdiction automatically stayedpending appeal.

Bureau Decision, Office of SecretaryDecision in exercise of its appellatejurisdiction immediately executory upon entryof final judgment.


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The conclusions of a division on any casesubmitted to it for decision shall be reached inconsultation before the case is assigned to amember for the writing of the opinion. It shall bemandatory for the division to meet for purposesof the consultation ordained therein.

ANNEX M: Republ ic Act No. 9347

An Act Rationalizing the Composition and Functions of the National Labor Relations Commission, Amending forthis Purpose Article 213, 214, 215 and 216 of P.D. No. 442, as Amended, Otherwise Known as the Labor Code ofthe Philippines

Art. 213. National Labor Relations Commission NLRC shall be attached to the DOLE solely for

program and policy coordination only, composedof a Chairman and 23 members.

8 members shall be chosen only from thenominees of the workers and employersorganizations respectively. The Chairman and 7remaining members shall come from the publicsector, with the latter to be chosen preferablyfrom among the incumbent labor arbiters.

NLRC may sit en banc or in 8 divisions, with 3members each.

En banc only for purposes of promulgatingrules and regulations governing the hearing anddisposition of cases before any of its divisions

and regional branches and formulating policiesaffecting its administration and operations

Divisions when in the exercise of itsadjudicatory and all other powers, functions andduties

1st 6

th divisions Luzon & NCR

7th& 8

th Visayas and Mindanao

NLRC sitting en banc may, on temporary oremergency basis, allow cases within the

jurisdiction of any division to be heard anddecided by any other division whose docketallows the additional workload and such transferwill not expose litigants to unnecessary additional

expenses. The divisions of the NLRC shall haveexclusive appellate jurisdiction over cases withintheir respective territorial jurisdiction.

The concurrence of 2 Commissioners of adivision shall be necessary for thepronouncement of a judgment or resolution.Whenever the required membership in a divisionis not complete and the concurrence of 2Commissioners to arrive at a judgment orresolution cannot be obtained, the Chairmanshall designate such number of additionalCommissioners from the other divisions as maybe necessary.

Art. 214. Headquarters, branches and provincialextension units Offices of 1

st 6

thDivisions Metro Manila

7thDivision Cebu

8thDivision Cagayan de Oro

The Commission shall establish as many regional

branches as there are regional offices of theDOLE, sub-regional branches or provincialextension units.

There shall be as many Labor Arbiters as may benecessary for the effective and efficient operationof the NLRC.

Art. 215. Appointment and quali ficat ions Chairman and other Commissioners members

of the Philippine Bar and must have beenengaged in the practice of law in the Philippinesfor at least 15 years, with at least 5 yearsexperience or exposure in the field of labor-

management relations, and shall preferably beresidents of the region where they shall holdoffice

LAs members of the Philippine Bar and musthave been engaged in the practice of law in thePhilippines for at least 10 years, with at least 5years experience or exposure in the field of labor-management relations

Term hold office during good behavior until theage of 65 years, unless sooner removed forcause as provided by law or becomeincapacitated to discharge duties of their office

But the President may extend the services of the

Commissioners and LAs up to the maximum of70 years upon the recommendation of theCommission en banc.

Chairman, Division Presiding Commissioners andother Commissioners appointed by thePresident. Appointment to any vacancy in aspecific division shall come only from thenominees of the sector which nominated thepredecessor.

LAs appointed by the President, uponrecommendation of the Commission en banc to aspecific arbitration branch, preferably in theregion where they are residents, and shall besubject to the Civil Service Law, rules andregulations. Provided, that the labor arbiters whoare presently holding office in the region wherethey are residents shall be deemed appointedthereat.

Chairman and the Commissioners, shall appointthe staff and employees of the Commission, andits regional branches as the needs of the servicemay require, subject to the Civil Service Law,rules and regulations, and upgrade their current


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salaries, benefits and other emoluments inaccordance with law.

Art. 216. Salar ies, benefi ts and other emoluments Chairman and Commissioners shall have the

same rank, receive an annual salary equivalentto, and be entitled to the same allowances,retirement and benefits as, those of the Presiding

Justice and Associate Justices of the Court ofAppeals, respectively.

LAs shall have the same rank, receive an annualsalary equivalent to and be entitled to the sameallowances, retirement and other benefits andprivileges as those of RTC Judges.

In no case, however, shall the provision of thisArticle result in the diminution of the existingsalaries, allowances and benefits of theaforementioned officials.


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are needed to see this picture.a. Motion to dismiss (except on grounds of lackof jurisdiction over the subject matter,improper venue, prescription and forum-shopping)

ANNEX N: Salient Provisions of 2005 Revised Rules of Procedure of the NLRC

Suppletory Application of the Rules of Court Pertinent provisions of the Rules of Court have a

suppletory application in the absence of anapplicable provision thereto in the interest ofexpeditious dispensation of labor justice.

Appearances A lawyer appearing for a party is presumed

authorized to appear for such purpose. A non-lawyer may appear or counsel in the

proceedings only under the following conditions:a. He represents himself as party to the caseb. He represents a LLO which is a party case,

provided that he represents a certificationfrom the BLR or Regional Office of the DOLEattesting that his organization duly registeredand listed in the roster of legitimate labororganizations, together with a verifiedcertification issued by the secretary and

attested by the president of the labororganization stating that he is duly authorizedto represent the organization in the case anda copy of the board resolution granting himsuch authority

c. He represents a member or members of aLLO existing within an employersestablishment which is a party to the caseprovided that he present a verifiedcertification proving his authority from suchmember / members and verified certificationissued by the secretary and attested by thepresident of such organization stating that

the person/s he is representing are membersof the organization which is existing in theemployers establishment

d. He is a duly accredited member of a legal aidoffice recognized by the DOJ and the IBPupon presentation of his accreditation

e. He is the owner or president of thecorporation which is party to the case uponpresentation of a verified certification of hisauthority and a board resolution of thecorporation granting him such authority.

Pleadings

b. Motion for a bill of particularsc. Motion for new triald. Petition for relief from judgment when filed

with the LAe. Petition for certiorari, mandamus or

prohibition

f. Motion to declare defendant in defaultg. Motion for reconsideration or appeal from

any interlocutory order of the LA Denial of MTD is not appealable Certificate of Non-Forum Shopping is required Verification lawyer can sign verification but not

the certificate of non-forum shopping

Venue All cases within the jurisdiction of the LA to hear

and decide may be filed with the RegionalArbitration Branch (RAB) having jurisdiction overthe workplace of the complainant.

Venue place where the employee is regularlyemployed at the time the cause of action arose;whether on temporary detail, assignment ortravel. For field, ambulant or itinerant workers,the workplace shall mean the place where theyare regularly assigned or where they are

supposed to regularly receive their salaries /wages and report the result of their assignment.

If 2 or more RABs have jurisdiction over theworkplace of the complainant, the branch thatfirst acquired jurisdiction over the case shallexclude the others.

Venue of a case may be transferred to anotherbranch upon written agreement of the parties orupon order of the LA or NLRC, upon motion bythe proper party in meritorious cases.

Cases involving OFWs RAB having jurisdictionover the place where the complainant resides orwhere the principal office of any of the

respondents is situated, at the option of thecomplainant. Subject to Art. 263 (g) of the Code, the LA shall

dispose of the case assigned to him includingany or all incidents thereof in the sameproceeding to avoid multiplicity of suits.

Submission of Position Paper and Reply When required, the LA should direct the parties

to file simultaneously their verified positionpapers attaching their supporting documents andaffidavits within the inextendible period of 10calendar days from the date of the termination ofthe conciliation conference.

A reply may be filed by either party within 10calendar days from receipt of the position papers.No facts or evidence to prove facts of any causeof action not included in the complaint areallowed to be alleged in the position papers.

LA shall determine whether there is a need for ahearing or clarificatory conference and at hisdiscretion, the LA may ask clarificatory questionsto elicit further information on facts.


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LA has full control and shall personally conductthe hearing / clarificatory conference.

Appeals Decisions and orders of the LA are final and

executory unless appealed to the Commissionwithin 10 calendar days; and in case of ordersand resolutions of the Regional director of the

DOLE, within 5 days from receipt thereof. No motion or request for extension of the period

to appeal is allowed. Requisites of perfection of appeal:

1. Appeal must be:a) filed within the reglementary period

provided in Sec.1 of this Ruleb) verified by the appellant himself in

accordance with the Rules of CourtSec.4, Rule 7

c) in form of a memorandum of appealstating

i. the grounds relied upon and

arguments in support thereofii. relief prayed for,iii. statement of the date appellant

received the appealed decision,d) in 3 copiese) accompanied by

i. proof of payment of requiredappeal fee

ii. posting of a bondiii. certificate of non-forum shoppingiv. proof of service upon other parties

In case the decision of the Labor Arbiter or theRegional Director involves a monetary award, an

appeal by the employer may be perfected onlyupon the posting of a bond. Once an appeal is filed, the LA loses jurisdiction

over the case. All pleadings and motions

pertaining to the appealed case shall thereafterbe addressed to and filed with the Commission.

Injunction A preliminary injunction or TRO may be granted

by the NLRC through its Divisions when it isestablished on the basis of the sworn allegationsin the petition that the acts complained of

involving or arising from any labor dispute beforethe NLRC which if not restrained may causegrave or irreparable damage to any party.

After the hearing of the testimony of witnessesand with opportunity for cross examination insupport of the allegations of the complaint orpetition under oath, and testimony by way ofopposition thereto, and only after a finding of factby the Commission:a. that the prohibited acts have been threatened

and will be committed and continued unlessrestrained;

b. that substantial and irreparable injury to

petitioners property will follow;c. that as to each item of relief to be granted,

greater injury will be inflicted uponrespondents by the granting of relief;

d. that the petitioner has no adequate remedyat law;

e. that the public officers charged with the dutyto protect petitioners property are unable orunwilling to furnish adequate protection.

If the petitioner shall also allege that unless aTRO shall be issued without notice, a substantialor irreparable injury to petitioners property will beunavoidable, such a TRO may be issued upon

testimony under oath, or by oath, or by affidavitsof the petitioners witnesses, if sufficient, ifsustained to justify the Commission in theissuance thereof.


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ANNEX O: Salient Features of the SSS Law and GSIS Law

Social Security Act of 1997(RA 8282)

Government Service Insurance Act of1997

(RA 8291)

WHO ARECOVERED

1. EMPLOYER any person, natural orjudicial, domestic or foreign whocarries on in the Philippines any trade,business, industry undertaking oractivity of any kind and uses theservices of another person who isunder his orders as regardsemployment 8(c)*EXEMPT EMPLOYER: governmentand any of its political subdivisions,branches and instrumentality, includingGOCCs, i.e., those under GSIS

2. EMPLOYEE any person whoperforms services for an employer whoreceives compensation for suchservices, where there is an employer-

employee relationship3. SELF-EMPLOYED considered both

employer and employee

1. EMPLOYER the nationalgovernment, its political subdivisions,branches, agencies orinstrumentalities, including GOCCs,and financial institutions with originalcharters, the constitutionalcommissions and the judiciary

2. EMPLOYEE any person receivingcompensation while in service of anemployer as defined herein, whetherby election or appointment

DEPENDENTS 1. Legal spouse entitled for support;2. Child, whether legitimate, legitimated, legally adopted or illegitimate;3. Parents dependent for support

1. Unmarried;2. Not gainfully employed;

3. Has not reached 21 years of age; OR 3. Not over age of majority; OR

CONDITIONS FORCHILD TO BECONSIDEREDDEPENDENT 4. Incapable of supporting himself either physically or mentally prior to 21 years of age or

age of majority, as the case may be

BENEFICIARIES1. PRIMARY

2. SECONDARY

3. OTHERS

a. Dependent Spouse until remarriage

ANDb. Dependent Legitimate or Legitimated

or Legally Adopted and IllegitimateChildren

a. Dependent Parentsb. Absent primary and secondary

beneficiaries, any other persondesignated by member as secondarybeneficiary

As to DEATH BENEFITS, if no beneficiaryqualifies under the Act, benefits shall be

paid to Legal Heirs in accordance with Lawof Succession

a. Legal, Dependent Spouse until

remarriage ANDb. Dependent Children

a. Dependent Parents ANDb. Legitimate descendants subject to

restrictions on dependent children,legitimate descendants

BENEFITS 1. Monthly Pension2. Dependents Pension3. Retirement4. Death5. Permanent Disability6. Funeral7. Sickness8. Maternity (ONLY 1

STFOUR

DELIVERIES OR MISCARRIAGES)

1. ALL MEMBERSa. Life Insuranceb. Retirementc. Disabilityd. Survivorshipe. Separationf. Unemployment

2. JUDICIARY


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9. Loan Grant A. Life Insurance ONLY ALL TAXEXEMPT

COVERAGE1. COMPULSORY

2. VOLUNTARY

a. Al l employees not over six ty (60)years of age and their employers ;compulsory coverage of the employershall take effect on the first day of hisoperation and that of the employee onthe day of his employment

b. Self-employed personsas may bedetermined by the Commission undersuch rules and regulations as it mayprescribe, including, but limited to: allself-employed professionals; partnersand single-proprietors of business;actors and actresses, directors,scriptwriters and news correspondentsnot employees; professional athletes,coaches, trainers and jockeys, andindividual farmers and fishermen; upontheir registration with the SSS

c. Domestic helpers sixty years of ageand below with a monthly income ofnot less than P1,000 on the date oftheir employment

d. Individual farmers and fishermenunder SSS rules and regulations

a. Filipinosrecruited by foreign-basedemployersfor employment abroad

b. Employee separated fromemploymentto maintain his right tofull benefits

c. Self-employed who realizes no

income for a certain monthd. Spouseswho devote full time tomanaging household and family affairsunless specifically mandatorily covered

*By Arrangement: Any foreign government,international organization or wholly ownedinstrumentality employing workers in thePhilippines or employing Filipinos outsidethe Philippines may enter agreement withPhilippines for inclusion of such employeesin SSS EXCEPT those already covered bytheir respective civil service retirementsystem.

COMPULSORYfor all employees receivingcompensation who have not reachedcompulsory retirement age, irrespective ofemployment status

EXCEPTIONSFROMCOVERAGE

1. Employment purely casualand notfor purpose occupation, or businessemployer

2. Service performed on or in connectionwith alien vessel, if employed whensuch vessel is outside of Philippines

3. Employees of Philippine governmentor instrumentality or agencythereof

4. Service performed in the employ of aforeign government, or international

1. Members of theAFP2. Members of the PNP3. Contractual employees, who have no

employer-employee relationship withthe agency to serve

4. Members ofjudiciary andconstitutional commissions: coveredby life insurance only


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organizations, or wholly ownedinstrumentality employing workers inthe Philippines or employing Filipinosoutside of the Philippines

5. Services performed by temporaryemployees and other employeesexcluded by SSS regulation;employees of bona fide independent

contractors shall not be deemedemployees of the employer engagingthe services of an independentcontractor

COMPENSATION All actual renumeration for employment,including the mandated cost-of-livingallowance, as well as the cash value of anyrenumeration paid in any medium otherthan cash except that part of therenumeration in excess of the maximumsalary credit

The basic pay or salary received by anemployee, pursuant to hiselection/appointment, excluding per diems,bonuses, overtime pay, honoraria,allowances and any other emolumentsreceived in addition to the basic pay

BASIS OF CLAIM Non-work connected disability, sickness,maternity, death and old age and other

contingencies resulting in loss of income orfinancial burden (sec. 2)

Work-connected exempt from liability wherepermanent disability due to his grave

misconduct, habitual intoxication, or willfulintention to kill himself or another (sec. 15-17)

EFFECTS OFSEPARATIONFROMEMPLOYMENT

1. Employers contribution on his accountceases

2. Employees obligation to contributealso ceases at the end of the month ofseparation

3. Employee shall be credited with allcontributions paid on his behalf andentitled to benefits according to theprovisions of this Act

A member separated from the service shallcontinue to be a member, and shall beentitled to whatever benefits he hasqualified to in the event of any contingencycompensable under this Act

REPORTING

REQUIREMENTS

A. Employer:

Report immediately to SSS the names,ages, civil status, occupations, salariesand dependents of all his coveredemployees

B. Self-employed:Report to SSS within 30 days from thefirst day of his operation, his name,age, civil status, occupation, averagemonthly net income and hisdependents

Employer:

Report to GSIS the names, employmentstatus, positions, salaries of the employeeand such other matter as determined by theGSIS

FUNDING 1. Employers contributions2. Employees/members contributions

EXEMPTION

FROM TAX/LEGALPROCESS/LIEN

Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all

benefits paid by SSS or GSIS shall likewise be exempt from taxes, assessments, fees,charges, and duties of all kind

DISPUTESETTLEMENT

Dispute arising from:1. Coverage2. Benefits3. Contributions4. Penalties5. Any matters related thereto

Jurisdiction: Social Security Commission

Any dispute arising under this Act and otherlaws administered by GSIS

Jurisdiction: GSIS

When decision made: 30 days from receiptof the hearing officers findings andrecommendations or 30 days aftersubmission for decision


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When decision made: Mandatory period of20 days from submission of evidence

Appeal:CA questions of law and factsSC questions of law only

Appeal:CA Rule 43, Section 31SC Rule 45

PRESCRIPTIVEPERIOD

10 yearsfrom accrual of right of action 4 yearsfrom date of contingency

Ateneo 2007 Labor Law (Social Legislation)

Documents

Transcript of Ateneo 2007 Labor Law (Social Legislation)