LabRel - Copy

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TITLE V: COVERAGE

ART. 243. COVERAGE AND EMPLOYEES RIGHT TO SELFORGANIZATION PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR PURPOSES OFCOLLECTIVE BARGAINING:

1. All persons employed in commercial, industrial and agricultural CIA!enterprises, and2. In religious, charitable, medical or educational RCME! institutions whether operating for

profit or not

PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR MUTUAL AIDAND PROTECTION AIRSI"!:

1. Ambulant,2. Intermittent,3. Rural,4. Self-employed people5. Itinerant worers and!. "orers without any definite employers

PERSONS/EMPLOYEES "HO ARE NOT GRANTED THE RIGHT TO SELF#ORGANIZATION:HEMACEN!1. High-le"el go"ernment employees #$.%. 1&' (ec. 3) #*A+A$IA %/$+*$+0 $*%$$()2. Employees of international organiations with immunities(ICMC vs. Calleja)3. Managerial employees

whose functions are normally considered as policy-maing or managerial

whose duties are of a highly confidential or highly technical in nature #212 )

4. *embers of the Armed orces of the hilippines, including police officers, policemen, firemenand 6ail guards #$.%. 1&' (ec. 4)7

5. Confidential employees (Metrolab vs. Confesor)!. Employees of cooperati"es who are members (Benguet Elec. Coop. vs Calleja)8. Non-$mployees (Rosario Bros. vs Ople)

F$%&'()&%* +,-'- 0$%1')( ') & P'-'')&* 50' &%6' 7%$6 DOLE8 9,) 7$%6 -,$%$%(,)';,'$)*, pro"ided the same right to form, 6oin or assist in the formation of labor unions isalso gi"en to ilipinos in their country of origin. 0his embodies the%')9'-& $7 %&9'%$9'.

MAY SECURITY GUARDS FORM A LABOR ORGANIZATION?YES. 9nder A !815, they may now freely 6oin a labor organiation of the ran-and-file or that ofthe super"isory union, depending on their ran. #Meralco vs. Secretary of Labor)

EXTENT OF THE RIGHT TO SELF-ORGANIZATION1. 0o form, 6oin and assist labor organiations for the purpose of collecti"e bargainingthrough representati"es of their own choosing and2. 0o engage in lawful concerted acti"ities for the same purpose- for their mutual aidand protection.

ART. 244. RIGHTS OF EMPLOYEES IN THE PUBLIC SERVICE THE FOLLOWING ARE CONSIDERED NEGOTIABLE IN GOCCs WITH ORIGINAL CHARTER:

1. schedule of "acation and other lea"es2.wor assignment of pregnant women3.personnel growth and de"elopment4. communication system : lateral and "ertical5. pro"ision for protection and safely!.pro"ision for facilities for handicapped personnel8.pro"ision for first-aid medical ser"ices for married women&.annual medical;physical e


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f. rice;sugar;other subsidiesg. tra"el e


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0he TEST IS@ Eo they e


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TITLE VI: UNFAIR LABOR PRACTICES

CHAPTER I: CONCEPT

ART. 24. UNFAIR LABOR PRACTICES

NATURE OF UNFAIR LABOR PRACTICES:1. VIOLATE THE CONSTITUTIONAL RIGHTof worers and employees to self-organiation72. are INIMICAL TO THE LEGITIMATE INTERESTSof both

labor and management, including their right to bargain collecti"ely and otherwise deal witheach other in an atmosphere of freedom and mutual respect

3. DISRUPT INDUSTRIAL PEACE7 and,. in#er te pro"otion of ealty an# stable labor&"anage"ent relations an# "utual respect

1LABOR-MNGT RELATIONS-UNSTABLE-

2 ELEMENTS OF UNFAIR LABOR PRACTICE:1. employer-employee relationship between the offender and the offended

2. act done is eithout this, the act, no matter

how unfair, is not 9.

It commonly connotes anti&unionis".

It also refers to gross "iolation of CA pro"isions. ross means the act is malicious andflagrant.

2 ASPECTS OF UNFAIR LABOR PRACTICE:CI"IL CASE CRIMI*L C*SE

A. PERSONS LIABLE

1. %fficers and agentsof employer or2. abor organiation,officers and agents

1. Agents and officers who3$())3$# or $67%()8# $% ($)')#&act.2. Agents, representati"es, members of the go"ernment board,including ordinary members

B. JURISDICTION

-abor Arbiters of the

+

-*0;0 as the case may be.

C. UANTUM OF PROOF NEEDED

#substantial e"idence -beyond reasonable doubt sub6ect to prosecution and punishmentB

D. PRESCRIPTIVE PERIOD- one year from theaccrual of the 9 act.

- one year from the accrual of the 9 act, howe"er it will besuspended once the administrati"e case has been filed and wouldonly continue running once the administrati"e case has attainedfinality.

inal 6udgment in the administrati"e proceeding finding that 9 hasbeen committed is a prere?uisite in filing a criminal case for 9

NOTE@ inal 6udgment in the administrati"e proceedings shall not bebinding in the criminal case nor shall be considered as an e"idenceof guilt but merely as a proof of compliance of the re?uirementsprescribed by the ode.


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CHAPTER II: UNFAIR LABOR PRACTICES OF EMPLOYERS

ART 24. ULP THAT MAY BE COMMITTED BY AN EMPLOYER #!. T$ INTERFERE "ITH@ RESTRAIN OR COERCE EMPLOYEES

- in the e


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. T$ DISMISS@ DISCHARGE OR OTHER"ISE PREJUDICE OR DISCRIMINATEagainst anemployee- for ha"ing gi"en or being about to gi"e testimony under this ode7 #0he only 9 act which

is not anti-unionism)

DISCRIMINATION BECAUSE OF TESTIMONY

TEST: the sub6ect matter of the testimony can be anything under the ode

what is 9 is the employerKs retaliatory act regardless of the sub6ect of employeeKs

complaint or testimony

. TO VIOLATE THE DUTY TO BARGAIN COLLECTIVELY AS PRESCRIBED BY THISCODEK

. TO PAY NEGOTIATION OR ATTORNEYS FEES TO THE UNION OR ITS OFFICERS ORAGENTS- as part of the settlement of any issue in collecti"e bargaining or any other disputes7 or

. T$VIOLATE A COLLECTIVE BARGAINING AGREEMENT.#%((L)# the "iolation must be gross and with respect to the economic pro"ision of the CA #flagrant

and with malice)

All the aforementioned acts #+os. 1-=) must ha"e a relation to the employeesD e


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3. S&-7#%&*&%+,'$)#It strengthens the union through selecti"e acceptance of new members onthe basis of commitment and loyalty.

DIFFERENT INDS OF UNION SECURITY ARRANGEMENTS: E=CEPTIONS TO ULP ONINTERFERENCE ON THE EMPLOYEES E=ERCISE OF THEIR RIGHT TO SELF#ORGANIZATION!1. CLOSED#SHOP AGREEMENT #the employer undertaes not to employ any indi"idual who is

not a member of the contracting union and the said indi"idual once employed must, for theduration of the agreement, remain a member of the union in good standing as a condition forcontinued employment.- does not ha"e any retroacti"ity- apply only to new hires

E=CEPTIONS:a. employees belonging to any religious sect which prohibit affiliation of their members with any

labor organiation are not co"ered by such agreementM0he free e


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4. It cannot be applied to employees who are already MEMBERS OF THE RIVAL UNIONor tothe employees based on their religious beliefs.

CHAPTER III: UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS

ART. 24. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONSa. %o RESTRAIN OR COERCE e"ployees in te e/ercise of teir rigt to self&organi+ation.

o$ever! a labor organi+ation sall ave te rigt to prescribe its o$n rules $it respect tote ac0uisition or retention of "e"bersip-

b. %o CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE AGAINST ANEMPLOYEE! inclu#ing #iscri"ination

c. 0o VIOLATE THE DULY OR REFUSE TO BARGAIN COLLECTIVELY with the employerpro"ided that it is the representati"e of the employees7

d. TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO PAY OR DELIVER OR AGREE TOPAY OR DELIVER ANY MONEYor other things of "alue, in the nature of an e


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COLLECTIVE BARGAINING AGREEMENT CBA! - a negotiated contract between a legitimatelabor organiation and the employer concerning@

a. wages,b. hours of wor, andc. all other terms and conditions of employment in a bargaining unit, including mandatory

pro"isions for grie"ances and arbitration machineries.

PROCEDURE IN COLLECTIVE BARGAINING1. >ritten NOTICE with statement of proposals2. REPLYby the other party within 1' calendar days with counter proposals3. In case of differences, either party may REUEST FOR A CONFERENCE which must be

held within 1' days from receipt of re?uest.4. If not settled NCMB MAY INTERVENE AND ENCOURAGE the parties to submit the

dispute to a "oluntary arbitrator5. If not resol"ed, the parties may go to where they want AND RESORT TO ANY OTHER

LA"FUL MEANSeither to settle the dispute or submit it to a "oluntary arbitratorB.

Euring the conciliation proceeding in the Coard, the parties are prohibited from doing

any act which may disrupt or impede the early settlement of the disputes #25'dB ).

STAGES IN THE NEGOTIATION FOR A COLLECTIVE BARGAINING AGREEMENT:1. PRELIMINARY process - written notice for negotiation which must be clear and une?ui"ocal2. NEGOTIATIONrocess3.E=ECUTIONrocess : signing of the agreement4. PUBLICATION for at least 5 days before ratification5. RATIFICATIONby the ma6ority of all the worers in the bargaining unit represented in the

negotiation #not necessary in case of arbitral award)!. REGISTRATIONrocess

e?uisites for registration@a. mandatory pro"isionsb. payment of 1, '''c. 5 copies of CAd. proof of ratification

8. ADMINISTRATIONrocess : the CA shall be 6ointly administered by the management

and the bargaining agent for a period of 5 years&. INTERPRETATION AND APPLICATIONrocess

MANDATORY PROVISIONS OF THE CBA:1. wages2. hours of wor3. grie"ance machinery4. "oluntary arbitration5. family planning!. rates of pay8. mutual obser"ance clause

In addition, the Cureau re?uires that the CA should include a clear statement of theterms of the CA.

ote1 $mployerDs duty to bargain is limited to mandatory bargaining sub6ects7 as to other matters,he is free to bargain or not to bargain.

ART. 22. MEANING OF DUTY TO BARGAIN COLLECTIVELY DUTY TO BARGAIN COLLECTIVELY - the performance of a mutual obligation@

a. to MEET AND CONVENEpromptly and e


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2. the parties cannot stipulate ter"s an# con#itions of e"ploy"ent $ic are belo$ te"ini"u" re0uire"ents prescribe# by la$

#*eaning of duty to bargain when there ehen there is an e


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E=CEPTION@during the !'-day period prior to its e


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pro"ided in Articles 21& #owers of the ommission;+) and 2!4 #rohibited Acti"ities) of thisode.

REASON: in6unction contradicts the constitutional preference for "oluntary modes of disputesettlement

I& $s#s %' s()#s3)#)&+/ third parties or innocent bystanders=$ s#6(# $ %6(

(#+6*$( %6(< )&6&)%& % 3(%# 7#)( ()+7s. (*4L' vs. CLORIBEL)

ART. 255. EXCLUSI"E BARGAINING REPRESENTATION AND WOR0ERSPARTICIPATION IN POLICY AND DECISION-MA0ING

WHAT IS THE MEANING OR EXTENT OF THE WOR0ERS RIGHT TO PARTICIPATE INPOLICY AND DECISION-MA0ING PROCESSES?

(uch right refers %+ to participation in grie"ance procedures and "oluntary modes of settlingdisputes and +%0 to formulation of corporate programs and policies.

NOTE: An employer may solicit ?uestions, suggestions and complaints from employeese"enthough the employees are represented by a union, pro"ided@

1. the collecti"e bargaining representati"e e


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c. probationary employee

THINGS TO CONSIDER IN DETERMINING THE COMMUNITY OF INTEREST DOCTRINE:1. similarity in the scale and manner of determining earnings2. similarity in employment benefits, hours of wor and other terms and conditions of

employment3. similarity in the inds of wor performed4. similarity in the ?ualifications, sills and training of the employees5. fre?uency of contract or interchange among the employees!. common super"ision and determination of labor-relations policy8. history of pre"ious collecti"e bargaining&. desires of the affected employees=. e


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period #%+0A0-CA 9$)b. when &%& '* )$ CBA, then the labor organiation canfile a petition for certification election at any time, sub6ectto the Eeadloc Car ule.

REUISITES BEFORE A LABOR UNION CAN BE DECLARED A "INNER DOUBLEMAORITY RULE)** 3$())3$# )& 7# (6& %''?

0he unions recei"ing the highest and second highest number of "otes cast.

R& R


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1. Agreement is in "RITING AND SIGNEDby all contracting parties.2. It must contain THE TERMS AND CONDITIONSof employment.3. o"ered employees in an appropriate bargaining unit 5ABU EES COVERED8.4. It is for a REASONABLE PERIODor duration.5. It must be RATIFIED.!. It must be REGISTEREDwith the Cureau.8. 0he "iolation of the contract bar rule or the eorers 9nion-A9).

2. DEADLOC BAR RULE- a petition for certification election cannot be entertained if, beforethe filing of the petition for certification election, a bargaining deadloc to which an incumbent orcertified bargaining agent is a party, had been submitted to conciliation or arbitration or hadbecome the sub6ect of a "alid notice of strie or locout.

DEADLOC : arises when there is an impasse, which presupposes reasonable effort at good faithbargaining which, despite noble intentions, did not conclude in an agreement between theparties.

INDICATIONS OF A GENUINE DEADLOC:1. the submission of the deadloc to a third party conciliator or arbitrator2. the deadloc is the sub6ect ofa "alid notice of strie or locout


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3. NEGOTIATION BAR RULE- a petition for certification election cannot be entertained if, beforethe filing of the petition for certification election, the duly recognied or certified union hascommenced negotiations with the employer in accordance with Art. 25' of the abor ode.

4. CERTIFICATION YEAR RULE: no petition for certification election may be filed within oneyear from the date of a "alid certification, consent, or run-off election or from the date of

"oluntary recognition

E=AMPLES OF BAD FAITH BARGAINING:1. S


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ARBITRATION MAY BE INITIATED BY:

. SUBMISSION AGREEMENT: where the parties define the disputes to be resol"ed7 or2. DEMAND OR NOTICEin"oing a collecti"e agreement arbitration clause.

ART 2. URISDICTION OF "OLUNTARY ARBITRATORS OR PANEL OF "OLUNTARYARBITRATORS

JURISDICTION OF VOLUNTARY ARBITRATORS:

. E=CLUSIVE ORIGINAL JURISDICTION CONFERRED BY LA"

a) All grie"ances arising from the interpretation or implementation of the CA.b) 0hose arising from the interpretation or enforcement of company personnel polices.c) Jear and decide wage distortion issues arising from the application of any wage orders

in organied establishments.d) 9nresol"ed grie"ances arising from the interpretation and implementation of the

producti"ity incenti"e programs under A !'81 .

It is the labor arbiter and not the grie"ance machinery which has 6urisdiction o"er dismissals

pursuant to the union security clause.

"iolations of CA, e


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+ot all concerted acti"ities are stries7 they may only be protest actions. And they do not

necessarily cause wor stoppage by the protesters. A strie, in contrast, is always a groupaction accompanied by wor stoppage.

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

PICETING # the act marching to and fro the employerDs premises, usually accompanied bythe display of placards and other signs maing nown the facts in"ol"ed in a labor dispute. 0his isan e


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maybe dispensed with. 0hey maystrie immediately.

Cy-laws, 0'9 6, 9$)*'


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EFFECT OF GOOD FAITH OF STRIERS ON LEGALITY OF STRIE - A strie may beconsidered legal where the union belie"ed that the company committed 9 and thecircumstances warranted such belief in good faith, although subse?uently such allegations of 9are found out as not true. #Cacus "s. %ple)

TOTALITY DOCTRINE # the culpability of an employerDs remars are to be e"aluated notonly on the basis of their implicit implications but are to be appraised against the bacground of

and in con6unction with collateral circumstances.U)&% '* $9%')&e


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1. In case of a ULP STRIE, in the discretion of the authority deciding the case see table formore distinction bet. $conomic and 9 strieB

2. >here the striers VOLUNTARILY AND UNCONDITIONALLY OFFERED TO RETURN TO"OR, but the employer refused to accept the offer e.g.of an Gunconditional offerH@ Gwe willreturn tomorrowH and +%0 Gwilling to return pro"idedB

0hey are entitled to bacwages from the date the offer was made

3. >here there is RETURN#TO#"OR ORDERand the employees are discriminated against.

- 0hey are entitled to bacwages from the date of discrimination.

RULE ON REINSTATEMENT OF STRIING "ORERS:GENERAL RULE@ (triing employees are entitled to reinstatement, regardless of whether or

not the strie was the conse?uence of the employerDs 9REASON@ because while out on strie, the striers are not considered to ha"e abandoned

their employment, but rather ha"e only ceased from their labor.

0he declaration of a strie is +%0 a renunciation of employment relation.

E=CEPTIONS #0he following striers are +%0 entitled to reinstatement@1. U)'$) $77'9&%*who nowinglyparticipate in an illegal strie 7 and2. any *%'1&%/


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a. maintain peace and order,b. protect life and property, and;orc. enforce the law and legal order.

PERSONS ENGAGED IN PICETING+% person engaged in IN$0I+ shall@

a. commit any act of "iolence, coercion or intimidation orb. obstruct the free ingress to or egress from the employerDs premises for lawful purposes,or

c. obstruct public thoroughfares

ART. 2. IMPROVED OFFER +*. REDUCED OFFER BALLOTING

IMPROVED OFFER BALLOTING REDUCED OFFER BALLOTING

a referendum conducted by the +*Con or before the 3'thday of the strie,for the purpose of determiningwhether or not the impro"ed $77&% $7& &6-$&% is acceptable to theunion members.

a referendum conducted by the +*C for the purposeof determining whether or not the reduced $77&% $7 &


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- Je is a regular employee at the point of hiring.

T&* $7 %&(


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EFFECT IF PROBATIONARY EMPLOYEE IS ALLO"ED TO "OR BEYOND MONTHSIf the probationary employee is allowed to wor beyond the period of ! months or the

agreed probationary period, said employee becomes a regular employee by operation of law.9nder the abor ode, Gan employee who is allowed to wor after a probationary period shall beconsidered a regular employee.H #Art. 2&1.)

ART. 22. TERMINATION BY EMPLOYER

SECURITY OF TENURE# An employer A++%0 terminate the ser"ices of an employee $O$0for a 6ust cause or when authoried by law.

GUIDELINES TO DETERMINE THE VALIDITY OF TERMINATION:1. ra"ity of the offense2. osition occupied by the employee3. Eegree of damage to the employer4. re"ious infractions of the same offense5. ength of ser"ice

A. JUST CAUSES 5MaNaBaCA8:1. (erious MI(%+E90 % >I9 EI(%C$EI$+$ by the employee of the lawful orders of his

employer or representati"e in connection with his wor7 Miscon#uct&transgression of some established and definite rule of action, a forbidden act,

a dereliction of duty, willful in character, and implies wrongful intent and not mere error in6udgment. #Eept. of abor *anual, (ec. 4353.'1)

2. ross and habitual N$$0 by the employee of his duties7 #epeated absenteeism andtardiness)

3. A9E % >I9B$AJ by the employee of the trust reposed in him by his employer orduly organied representati"e

raud must be committed against the employer or his representati"e and in connection

with the employeeDs wor.(#Eept. of abor *anual, (ec. 4353.'1 3B)

4. ommission of a CI*$ % %$+($ C 0J$ $*%$$ AAI+(0 0J$ $(%+ % JI($*%$ or any immediate member of his family or his duly authoried representati"e7 and

Conviction or prosecution is not re0uire#.5. %ther causes A+A%%9( to the foregoing.

A cause must be due to the "oluntary or willful act or omission of the employee. (a#ura

v. Benguet Consoli#ate#- A.R. o. L&=55;)

DUE PROCESS TO BE OBSERVED BY THE EMPLOYER # or termination of the employmentbased on the any of the 6ust causes for termination, the re?uirements of due process that anemployer must comply with are@ #0>I+ +%0I$()

1. >ritten NOTICEshould be ser"ed to the employee specifying the ground or grounds fortermination and gi"ing the said employee reasonable opportunity within which to e


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employee is entitled to bacwages from the time he was dismissed until the determinationof the 6ustness of the cause of the dismissal.

AGABON +*. NLRC N$+. @ 24! abandoned the (errano doctrine and REINSTATED

THE "ENPHIL DOCTRINE. 0he sanctions, howe"er must be stiffer than that imposed in>enphil.

PREVENTIVE SUSPENSION : when there is an imminent threat to the li"es and properties of

the employer, his family and representati"es as well as the offenderDs co-worers by thecontinued ser"ice of the employee then he may be placed under pre"enti"e suspension pendinghis in"estigation, leading to termination.

pre"enti"e suspension should not last for more than thirty #3') days. 0he employee shouldbe made to resume his wor after 3' days.

- it can be e


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(9($0$E JI/ (0A09( % A+ I+EI/IE9A I( %JICI0$E. 0$*I+A0I%+ %* >%N%+ 0J$ (%$ CA(I( % A09A, $$I/$E % (9($0$E JI/ (0A09( I( E$$*$E9+A>9. SEC. 3@ RA 4@ HIV/AIDS LA"!

CAUSE OF TERMINATION SEPARATION PAY

A


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#22.5 days per year of ser"ice)

9nder (ection 2!, .A. +o. 4!8', otherwise nown as the *agna arta for ublic (chool0eachers, public school teachers ha"ing fulfilled the age and ser"ice re?uirements of theapplicable retirement laws shall be gi"en %+$ A+$ (AA AI($ upon retirement, which shallbe the basis of the computation of the lump sum of the retirement pay and the monthly benefitthereafter.

NOTE@ $

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