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MIDTERM REVIEWER LABOR

RELATIONS
S.Y. 2008-2009 PLM - LAW
NOTE: Labor Standards and Labor Relations are
LABOR LAWS are laws, rules, and regulations not exclusive unto themselves. They ate
enacted by the state that: interrelated and interdependent with each other.
1. promote the general welfare of the
employees, and
2. govern the relationship between the
employees and their employers.
They include judicial decisions interpreting said
laws. BASES OF LABOR LAWS
1. Police Power
Example of Judicial Legislation: • is the inherent power of the state to
FULL BACKWAGES restrain one's liberty and right to
- wages from the time of illegal termination up to property to promote the welfare of the
the actual reinstatement people.
1. Mercury Drug vs. NLRC 2. Social Justice
- 3 years pay without qualification and • Definition under Calalang vs. Williams:
deduction "Social Justice is neither communism, nor
2. Ferrer vs. NLRC despotism, nor atomism, nor anarchy, but the
- wages from time of illegal dismissal humanization of laws and the equalization of
to actual reinstatement MINUS earnings social and economic forces by the state so
elsewhere (earnings from the new job that justice at its rational and objectively
while case is pending) secular conception may at least be
3. Osmalik Bustamante vs. NLRC approximated.
- wages from the time of illegal Social Justice means the promotion of the
dismissal up to actual reinstatement welfare of all people, the adoption by the
without any deductions. government of measures calculated to insure
the economic stability of all the component
TYPES OF LABOR LAWS elements of society, through the interrelations
of the members of the community;
1. Labor Standards Laws constitutionally through the adoption of
• are laws, rules, and regulations which measures legally justifiable, and extra-
provide the minimum requirements for constitutionally through the exercise of
terms and conditions of employment powers underlying the time-honored principle
such as wages, hours of work, etc. of salus populi est suprema lex."

2. Labor Relations Laws BLUE SUNDAY LAW - RA 946


• are laws, rules, and regulations that  Forbid commercial, industrial, agricultural
govern the relationship between enterprises to open on any Sundays,
employers and employees, Christmas Day, New Year's Day, Holy
• promote the rights of employees to Thursday and Good Friday. these days are
self-organization and collective set aside by law as days of rest.
bargaining,
• penalize unfair labor practices, and SWEETHEART AGREEMENT
• provide for the mechanism of settling  An agreement containing provisions which
and/or adjusting labor disputes such as are equal to the benefits provided by law,
conciliation, mediation, grievance or less that what is provided by law.
machinery, and voluntary and  Disadvantageous to employees.
compulsory arbitration.
RIGHTS OF EMPLOYEES UNDER THE LABOR
3. Social Legislation STANDARDS
• are laws, rules, and regulations which 1. Right to security of tenure
2. Right to a living wage
promote the general welfare of all
3. Right to humane conditions of
sectors of society.
employment
4. Right o a just share in the fruits of
production

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MIDTERM REVIEWER LABOR
RELATIONS
S.Y. 2008-2009 PLM - LAW
1. Must have substantial capital of at least PhP
RIGHTS OF EMPLOYEES UNDER THE LABOR 2M or invested on tools, machineries, and
RELATIONS equipments;
2. Undertakes the contract on his own account
1. Right to self-organization by his own means and responsibility without
a) form a union interference of the principal, except as to the
b) assist in the formation of a union result;
c) join a union of one's choice 3. His employees must perform activities not
2. Right to engage in peaceful concerted necessary or desirable to the usual business
actions of the principal;
a) STRIKE - temporary stoppage of 4. He has his own place of work or official
work by the employees due to a business address.
labor dispute
b) BOYCOTT - non-patronage of a * Independent Job Contractor is SOLIDARILY liable
specific service of employer or with the principal for unpaid wages and benefits.
produc

c) LOCK OUT- temporary refusal of the


employer to provide work
3. Right to collective bargaining agreement
4. Right to participate in policy and decision- * Labor-only contractor - one who does not have
making those determinative factors of an independent
job contractor.
EMPLOYER'S RIGHT (MANAGEMENT - agent only of the principal; principal is
PREROGATIVES) the direct employer of the employees and is
1. Right to select and hire employees liable for unpaid wages and benefits.
2. Right to conduct business
3. Right to close the business FARMERS - those whose primary livelihood is
4. Right to prescribe rules and regulations the cultivation of soil, harvesting crops, planting
5. Right to transfer and dismiss employees of trees, and other agriculture activities and
raising of livestocks.

EMPLOYEE - is the one who works for another for FARM WORKERS - are farmers who work on the
a fee or compensation. It includes one who has land for a fee. they are laborers in of the farm,
been dismissed from service due to a labor hired to do agricultural work for a fee.
dispute and has not yet found any substantial
employment. ORGANIZED ESTABLISHMENT
(Asiabed Factory Case)
EMPLOYER - is one who hires the services of 1. It has a UNION that is CERTIFIED as the sole
another and pays him for his service. it includes and exclusive bargaining agent of the
one who acts for and in behalf of an employer. employees. (certified by the employer)
2. There is a Collective Bargaining Agreement
* Labor organizations or unions generally are NOT
employers unless they act as an employer or acts * A teacher is a regular employee…
for and in behalf of an employer. • at least 21 units of load
• 3 school years of teaching
EMPLOYER-EMPLOYEE RELATIONSHIP
 6 semesters
1. Selection and engagement of employees  9 trimesters
2. Payment of wages
3. Power to dismiss * If there is vagueness as to the 4 factors of
4. Control over the means and methods used by employer-employee relationship, look into the
the employee in accomplishing the work factors of Independent Job Contractor.

DETERMINATIVE FACTORS OF AN FLOATING STATUS is a situation where an


INDEPENDENT JOB CONTRACTOR employee of a contractor has been relieved from
his post or affected by a termination or expiration
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MIDTERM REVIEWER LABOR
RELATIONS
S.Y. 2008-2009 PLM - LAW
of a service contract is made to wait for a period
of not exceeding 6 months for their employer, the EXCEPTION TO COVERAGE
contractor, to find a vacancy for their
reassignment, otherwise, the said employees will 1. GOVERNMENT EMPLOYEES
be considered CONSTRUCTIVELY DISMISSED from • Based on the Constitution, the law
the service. (Then, they can file illegal dismissal governing them is the Civil Service
case.) Law, and they are under the
jurisdiction of the Civil Service
** There is no exact time wherein the contractor Commission.
can be very sure of employment of workers upon • They are employees working in the
the expiration of one's contract because vacancy different branches, departments,
is not always available. political subdivisions, agencies, and
instrumentalities of the Government
SEASONAL EMPLOYEES are regular employees
• Including thise in the GOCCs with
insofar as the season for which they are hired is
concerned. During the OFF SEASON, the original charter
employees are considered to be merely on leave • They are not allowed to go on strike
of absence without pay. The employment is not because it will disrupt public service;
terminated but merely suspended and when the they have the right to self-organization
peak season comes, the employees are the first • The following are not allowed to form
to be called for work or service. unions because they are armed:
(Visayan Stevedoring vs. CIR) AFP (navy, army, marine, airforce)
PNP
** They are like project employees. Upon the Firemen
completion of the project to which the employee Jail Guards
is hired, he is dismissed from service. His
employment is co-terminus with the season for
which he was hired. • Subsidiaries and affiliated incorporated
- Contrary tp Visayan Stevedoring case(Mercado under the General Corporation law
vs. NLRC) does not carry the original charter of
the mother corporation.
** Back to the definition under the Visayan
Stevedoring Case, Phil. Tobacco vs. NLRC 2. INTERNATIONAL RELATIONS
a) Employees of INTERNATIONAL
EMPLOYEES -vs- INDEPENDENT JOB ORGANIZATIONS / BODIES
CONTRACTORS b) Employees of the DIPLOMATIC CORPS
c) Employees of agencies of United Nations
EMPLOYEES I.J.C. Organization
In-house counsel Counsel at a retainer d) Intergovernmental Organizations
fee • Based on International Law, they are
Salaried sales agent - Commissioned sales immune from suit.
being mad eto report to agent - may sell in any • For grievances:
office regularly, given manner they like when i. see charter or treaty first if there is a
the space in the office the company does not provision for the settlement of disputes;
interfere ii. otherwise, seek assistance with the DFA
through diplomatic channels.
LAWS ON THE EFFECTIVITY OF LAWS, RULES
AND REGULATIONS 3. CORPORATE OFFICERS
• The provisions of the by-laws contain
1. CIVIL CODE, ART. 2: "unless otherwise the enumeration of corporate officers.
provided"
2. LABOR CODE, ART.5: 15 days after adoption
• PD 902-A: cases of illegal dismissal
3. REVISED ADMINISTRATIVE CODE, SEC. 3 & 4: filed by a corporate officer as a result
serve 3 verified copies of the rules and of non-reelection or non-
regulations at the National Administrative reappointment to the former position
Registry at the UP Law Center are INTRACORPORATE DISPUTES that
fall under the jurisdiction of the S.E.C.
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MIDTERM REVIEWER LABOR
RELATIONS
S.Y. 2008-2009 PLM - LAW
• It is the DUTIES which makes a person NLR Act (Wagner Act of 1935; Taft and
a corporate officer. The person should Hartley Act)
perform the duties of the corporate 3. PD 21, October 14, 1972
officer which makes his such, and Ad Hoc NLRC - temporary NLRC
within the jurisdiction of the S.E.C. 4. PD 442, November 1, 1974
• R.A. 799, NEW SECURITIES Labor Code
REGULATION CODE effective July 19,  Made the NLRC permanent
2000:  NLRC is a tripartite administrative body
o The S.E.C. ha no jurisdiction with quasi-judicial functions attached
over the intracorporate to the Department of Labor and
disputes; it is NOW vested onto Employment only for policy and
the regular courts (RTC) program coordination.
o PD 902-A ceases  The DOLE cannot dictate how the
o Under the Nacpil Case, if the arbiters and the NLRC will decide the
person is also appointed by the case.
board of directors, even if the 5. RA 6715, March 21, 1989
position is not enumerated in Herrera-Veloso law; The New Labor
the by-laws, he is deemed a Relations Code (amended the Labor Code)
corporate officer. 6. RA 9347, July 27. 2006
Strengthening the NLRC
4. EMPLOYEES OF WATER DISTRICTS 7. RA 9481
• They are employees of a quasi-public Act on Self-Organization
corporation, covered by the Civil
Service Commission. RA 9374

A. COMPOSITION OF THE NLRC


1 Chairman (from the public sector, the Presiding
Commissioner of the 1st division)
23 Commissioners
KINDS OF ARBITRATION 7 from public sector (each becomes the
Presiding Commissioner of the 2nd - 8th
1. VOLUNTARY ARBITRATION divisions)
• both parties agree to submit their dispute - nominated by the Sec. of Labor
to an impartial 3rd person, whose 8 from labor sector
resolution they both believe to be final - nominated by federations/unions
and executory.
• usually for the organized 8 from employer sector
- nominated by employer
confederations
2. COMPULSORY ARBITRATION Labor Arbiters - nominated by Sec. of Labor
• where the government takes part in the
arbitration/resolution of the dispute. ** all are appointed by the president
• usually for the unorganized.
B. QUALIFICATIONS
LEGAL HISTORY OF THE LABOR RELATIONS CHAIRMAN/COMMISSIONERS
LAW • members of the bar

1. CA-103, October 29, 1936 • practiced law for at least 15 years


Created the CIR • experience/exposure to labor
2. RA 875, June 17, 1953 management relations for at least 5
Industrial Peace Act (Magna Carta of years
Labor)
 Copied from the U.S. Labor Code: LABOR ARBITERS
Anti-Injunction Act (Norris La Guardia Act • members of the bar
of 1952) • practiced law for at least 10 years

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MIDTERM REVIEWER LABOR
RELATIONS
S.Y. 2008-2009 PLM - LAW
• experience/exposure to labor
management relations for at least 5
years

NLRC IN RA 9374
• 8 divisions, 3 members each
• When to sit en banc: only for purposes of
a) promulgating rules and regulations
governing the hearing and disposition of
cases before any of its divisions and
regional branches
b) formulating policies affecting its
administration and operations
c) on temporary or emergency basis - allow
cases within the jurisdiction of any division
to be heard and decided by another
division whose docket allows additional
workload and such transfer will not expose
litigants to unnecessary additional
expense.
• The concurrence of 2 commissioners of a
division shall be necessary for the
pronouncement of judgment or resolution.

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