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PART ONE: PRELIMINARY PROVISIONS

CONSTITUTIONAL PROVISIONS ON LABOR
Article II, Section 18
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote
their welfare.
Article XIII, Section 3
The State shall afford full protection to labor. (par. 1)
It shall guarantee the rights of all workers to:
a. Self-organization
b. collective bargaining and negotiations
c. peaceful concerted activities including the right to strike in accordance with law
d. Security of tenure
e. humane conditions of work
f. living wage
g. participate in policy and decision-making process affecting their rights and benefits as may be
provided by law. (par.2)
The State shall promote the principle of shared responsibility between workers and employers. (par. 3)
The State shall regulate the relations between workers and employers. (par. 4)

CONSTITUTIONAL PROVISIONS ON AGRARIAN REFORM
Article II, Section 21
The State shall promote comprehensive rural development and agrarian reform.
Article XIII, Section 4
The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular
farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof.xxx

CONSTRUCTION IN FAVOR OF LABOR
In interpreting the Constitutions protection to labor and social justice provisions and the labor laws and rules
and regulations implementing the Constitutional mandate, the SC adopts the liberal approach which favors the exercise
of labor rights.(Meralco vs. NLRC, G.R.No. 78763. Jul.12, 1989)
While the Constitution is committed to the policy of social justice and the protection of the working class, it
should not be supposed that every labor dispute shall be automatically resolved in favor of labor. It is mandated that
there be equal protection and respect not only the laborers side but also the management and/or employers side. The
law, in protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the employer. (Colgate
Palmolive Philippines vs Ople, G.R.No. 73681. June 30,1988)

RULE-MAKING POWER
It is true that police power is the domain of the legislature, but it does not mean that such an authority may
not be lawfully delegated. The Labor Code itself vests the Department of Labor and Employment with rule-making
powers in the enforcement whereof. (PASEI vs Drilon)

APPLICABILITY OF THE LABOR CODE
The LC applies to all workers, whether agricultural or non-agricultural, including employees in a Government
corporation incorporated under the Corporation Code. Government corporations created by special (original) charter are
subject to the Civil Service Law, while those corporations under the general corporation law are not within the coverage
of the Civil Service Law, but are subject to the provisions of Labor Code.


PART II: LABOR STANDARDS

ILLEGAL RECRUITMENT
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such
non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons individually or as a group. (People vs. Dominga Corrales Fortuna)


ILLEGAL
RECRUITMENT

REGULAR

ECONOMIC
SABOTAGE

Prescriptive
Period

5 years

20 years

2

Imprisonment

Prision
mayor

Life
imprisonment

Fine

200T-500T

More than 500T-
1M

Maximum penalty shall be imposed if the person illegally recruited is less than 18 years of age or committed by a non-
licensee or non-holder of authority.

PREMATURE TERMINATION OF CONTRACT UNDER R.A. 8042
Illegally dismissed employees are entitled to full reimbursement of his placement fee with interest at 12% per
annum PLUS salary for unexpired portion of his employment OR for three (3) months for every year of the unexpired term
whichever is less.
However, SC clarified in the case of Marsaman Manning Agency vs. NLRC (G.R.No. 127195. Aug.25, 1999) that A
plain reading of section 10 clearly reveals that the choice of which amount to award an illegally dismissed OCW, i.e.
whether his salaries for the unexpired portion of his employment contract or 3 months salary for every year of the
unexpired term whichever is less, comes into play ONLY when the employment contract concerned has a term of at
least 1 year or more. This is evident from the words for every year of the unexpired term which follows the salaries x
x x for three months. NOTE: Effectivity date is July 15, 1995.

SOLIDARY LIABILITY OF PRINCIPAL/EMPLOYER AND AGENCY
Under Sec. 10 of the MWA of 1995, The liability of the principal/employer and the recruitment/placement
agency for any and all claims under this section shall be joint and several.

APPRENTICESHIP, LEARNERSHIP, HANDICAPPED WORKERS
Apprenticeship means practical training on the job supplemented by related theoretical instruction.
Learnership refers to hiring of persons as trainees in semi-skilled and other industrial occupations which are non-
apprenticeable and which may be learned through practical training on the job in a relatively short period of time which
shall not exceed 3 months. Handicapped workers are those whose earning capacity is impaired by age or physical or
mental deficiency or injury, disease or illness.


APPRENTICESHIP LEARNERSHIP
DURATION
Not less than 3 months practical training on
the job but not more than 6months
Practical training on the job not to exceed 3
months.
CONCEPT
Practical training on the job supplemented by
related theoretical instruction
Hiring of persons as trainees in semi-skilled and
other industrial occupations which are non-
apprenticeable and which may be learned through
practical training on the job in a relatively short
period of time.
ERs COMMITMENT TO HIRE
No commitment to hire With commitment to employ the learner as
regular employee if he desires upon completion of
learnership
EFFECT OF PRETERMINATION
Worker is not considered an employee Learner is considered regular employee after 2
months of training and dismissal is without fault
of learner
FOCUS OF TRAINING
Highly skilled or technical industries & in
industrial occupation
Semi-skilled/industrial occupation (non-
apprenticeable)
APPROVAL
Requires DOLE approval for validity Not required
EXHAUSTION OF ADM. REMEDIES IN CASE OF BREACH OF CONTRACT
Precondition for filing action Not required







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HOLIDAYS
SINGLE HOLIDAY RULE
provided that the employee:
worked,
was on leave with pay, or
was on authorized absence on the day prior to the regular holiday.
SUCCESSIVE HOLIDAY RULE
the employee must be present the day before the scheduled regular holiday to be entitled to compensation to
both; otherwise, he must work on the first holiday to be entitled to holiday pay on the second regular holiday.
(Sec.10, Rule IV, Book III, Implementing Rules)
DOUBLE HOLIDAY RULE
If unworked:
200% of the basic wage.
(NB: to give employee only 100% would reduce the number of holidays under DO No. 3.)
If worked
300% of the basic wage.

PAYMENT OF WAGES THROUGH ATM MACHINES, REQUISITES:
The ATM system of payment is with the written consent of the employees concerned.
The employees are given reasonable time to withdraw their wages from the bank facility which time, if done
during working hours, shall be considered compensable hours worked.
The system shall allow workers to receive their wages within the period or frequency and in the amount
prescribed by the Labor Code.
There is a bank or ATM facility within a radius of 1-km to the place of work.
Upon request of the concerned employee/s, the employer shall issue a record of payment of wages, benefits and
deductions for particular period.
There shall be no additional expenses and no diminution of benefits and privileges as a result of the ATM system
of payment.
The employer shall assume responsibility in case the wage protection provisions of law and regulations are not
complied with under the arrangement.

HOURS WORKED, WHAT IT INCLUDES
All time during which an employee is required to be on duty or to be at a prescribed workplace;
All time during which an employee is suffered or permitted to work;
Rest periods of short duration during working hours;
Meal period of less than twenty(20) minutes, since it becomes only a rest period and is thus considered as work time
The reasonable time to withdraw their wages from the bank facility if done during working hours, if payment of
wages is through banks, ATM or by check.

FACILITIES VS. SUPPLEMENTS
FACILITIES SUPPLEMENTS
items of expense necessary for the laborers
and his familys existence and subsistence
constitute extra remuneration or special privileges
or benefits given to or received by the laborers
over and above their ordinary earnings wages
Part of the wage Independent of the wage
Deductible from the wage not wage deductible

LEGAL REQUIREMENTS BEFORE FACILITIES CAN BE DEDUCTED FROM WAGES
Proof must be shown that such facilities are customarily furnished by the trade;
The provision of deductible facilities must be voluntarily accepted in writing by the employee; and
The facilities must be charged at fair and reasonable value.

DIFFERENCES AMONG (1)AN ORDINARY EMPLOYER-EMPLOYEE RELATIONSHIP, (2) INDEPENDENT JOB CONTRACTING/
SUBCONTRACTING, (3) PRIVATE RECRUITMENT AND PLACEMENT AGENCY, (4) LABOR-ONLY CONTRACTING
In an ordinary employer-employee relationship, there are only two parties involved - the employer and the
employee. This relationship is established through a four-fold test, under which the employer: (a) Directly exercises
control and supervision over the employee not only as to the results of the work but also as to the means employed to
attain this result; (b) Has the power to select and hire the employee; (c) Has the obligation to pay the employees his or
her wages and other benefits; and (d) Has the power to transfer and dismiss or discharge employees.
In job contracting / subcontracting, there are three parties involved: The principal who decides to farm out a
job or service to a subcontractor; the job contractor or subcontractor which has the capacity to independently undertake
the performance of the job or service; and the employees engaged by the job contractor or subcontractor to accomplish
the job or service.
In job contracting or subcontracting, the four-fold test of employer-employee relationship should be satisfied by
the contractor or subcontractor in relation to the employee it engages to accomplish the contracted or subcontracted job
or service. If the four-fold test is satisfied not by the job contractor or subcontractor but by the principal, the principal
then becomes the employer of the employees engaged to accomplish the job or service. What exists is not job
contracting or subcontracting but a direct employer-employee relationship between the principal and the employees and

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the job contractor becomes merely the agent of the principal or the subcontractor, the agent of his contractor, as the
case may be.
Contracting or subcontracting shall be legitimate if the following conditions concur: (a)The contractor or
subcontractor carries on a distinct and independent business and undertakes to perform the job, work or service on its
own account and under its own responsibility, according to its own manner and method, and free from the control and
direction of the principal in all matters connected with the performance of the work except as to the results thereof;
(b)The contractor or subcontractor has substantial capital or investment; and (c) The agreement between the principal
and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health
standards, free exercise of the right to self organization, security of tenure, and social and welfare benefits.
While a job contractor or subcontractor directly undertakes a specific job or service for a principal, and for this
purpose employs its own workers, a private recruitment or placement agency cannot be a subcontractor. It simply
recruits workers for the purpose of placing them with another employer so that the workers recruited will not become
the PRPA's employees. And while a job contractor or subcontractor does not need authority from the DOLE to undertake a
subcontracted job or service, a PRPA needs an authority or license from DOLE to legally undertake recruitment and
placement activities.
Meanwhile, there is labor-only contracting where the contractor or subcontractor merely recruits, supplies or
places workers to perform a job, work or service for a principal, and the following elements are present: (a) The
contractor or subcontractor does not have substantial capital or investment to actually perform the job, work or service
under its own account and responsibility; and (b) The employees recruited, supplied or placed by such contractor or
subcontractors are performing activities directly related to the main business of the principal. Labor-only contracting is
different from job contracting since the former is illegal and prohibited while the latter is legal and allowed.

EFFECTS OF A LABOR-ONLY CONTRACTING ARRANGEMENT
a. The contractor or subcontractor will be treated as the agent of the principal. Since the act of an agent is the act
of the principal, representations made by the contractor or subcontractor to the employees will bind the principal.
b. The principal will become the employer as if it directly employed the workers engaged to undertake the
contracted or subcontracted job or service. It will be responsible to them for all their entitlements and benefits under
the labor laws.
c. The principal and the contractor or subcontractor will be solidarily treated as the employer.
d. The employees will become employees of the principal, subject to the classifications of employees under Article
28 of the Labor Code.
If the labor-only contracting activity is undertaken by a legitimate labor organization, a petition for cancellation
of union registration may be filed against it, pursuant to Article 239 (e).

A FAIR DAYS WAGE FOR A FAIR DAYS LABOR
The age-old rule governing the relation between labor and capital, or management and employee of a "fair day's
wage for a fair day's labor" remains as the basic factor in determining employees' wages. If there is no work performed by
the employee there can be no wage or pay unless, of course, the laborer was able, willing and ready to work but was
illegally locked out, suspended or dismissed, or otherwise illegally prevented from working (Caltex Refinery Employees
Association [CREA] vs. Brillantes, 279 SCRA 218)

WAGE ORDER
An order issued by the Regional Tripartite Wages & Productivity Board whenever the conditions in the region so
warrant after investigating and studying all pertinent facts and based on the standards and criteria prescribed by the LC,
the Regional Board proceeds to determine whether to issue the same or not. It shall take effect after 15 days from the
its complete publication in at least one newspaper of general circulation in the region.
A wage Order issued by the Board may not be disturbed for a period of 12 months from its effectivity and no
petition for wage increase shall be entertained during said period. EXCEPTION: When Congress itself issues a law
increasing wages.
WAGE DISTORTION
The Court summarizes the principles relating to wage distortion, namely:
(a) The concept of wage distortion assumes an existing grouping or classification of employees which
establishes distinctions among such employees on some relevant or legitimate basis. This classification is reflected in a
differing wage rate for each of the existing classes of employees.
(b) Wage distortions have often been the result of government-decreed increases in minimum wages. There
are, however, other causes of wage distortions, like the merger of two companies (with differing classifications of
employees and different wage rates) where the surviving company absorbs all the employees of the dissolved
corporation.
(c) Should a wage distortion exist, there is no legal requirement that, in the rectification of that distortion by
readjustment of the wage rates of the differing classes of employees, the gap which had previously or historically existed
be restored in precisely the same amount. In other words, correction of a wage distortion may be done by reestablishing
a substantial or significant gap (as distinguished from the historical gap) between the wage rates of the differing classes
of employees.
The reestablishment of a significant difference in wage rates may be the result of resort to grievance procedures or
collective negotiations (National Federation of Labor vs. NLRC).

ENFORCEMENT POWER OF THE SECRETARY OF LABOR
Power of the Sec. of Labor to compel employer to comply with labor standards upon finding of violations
discovered in the course of the exercise of the visitorial power. Among the powers are the power to: Issue Compliance
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Orders, issue Writs of Execution for the enforcement of orders, order Work Stoppage/Suspension of Operations, and
conduct hearings within 24 hours.
STIPULATION AGAINST MARRIAGE (ART. 136)
It shall be unlawful for an employer:
to require as a condition for employment or continuation of employment that a woman employee shall not get
married,
to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or
separated,
to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her
marriage.

Article 136 is not intended to apply only to women employed in ordinary occupations, or it should have
categorically expressed so. The sweeping intendment of the law, be it on special or ordinary occupations, is reflected in
the whole text and supported by Article 135 that speaks of nondiscrimination on the employment of women. (Claudine
de Castro Zialcita, et al. vs. PAL).

CLASSIFICATION OF CERTAIN WOMEN WORKERS
Under Art. 138, Any woman who is permitted or suffered to work, with or without compensation in any
nightclub, cocktail lounge, massage clinic, bar or other similar establishment, under the effective control and supervision
of the employer for a substantial period of time as determined by the Secretary of Labor shall be considered as an
employee of such establishment for purposes of labor and social legislation.

CBA INCREASE VIS--VIS WAGE ORDER-MANDATED INCREASE
Having entered into an agreement with its employees, an employer may not be allowed to renege on its
obligation under a collective bargaining agreement should, at the same time, the law grant the employees the same or
better terms and conditions of employment. Employee benefits derived from law are exclusive of benefits arrived at
through negotiation and agreement unless otherwise provided by the agreement itself or by law. (Meycauayan College
vs. Drilon, G.R. No. 81144, May 7, 1990).

13
th
MONTH PAY
Additional income based on wage required by P.D. 851 which is equivalent to 1/12 of the total basic salary
earned by an employee within a calendar year.
May be given anytime but not later than Dec. 24.
Coverage: All rank-and-file employees regardless of their designation or employment status and irrespective of
the method by which their wages are paid, are entitled to this benefit, provided, that they have worked for at
least one (1) month during the calendar year.
It must always be in the form of legal tender. Free rice, electricity cash and stock dividends, COLA are NOT
proper substitutes for the 13
th
month pay.
Difference of opinion on how to compute the 13
th
month pay does not justify a strike.
Note: 13
th
Month Pay is tax exempt.

PROPORTIONATE 13
th
MONTH PAY
An employee who has resigned or whose services were terminated at anytime before the time of payment of the
13
th
month pay is entitled to 13
th
month pay in proportion to the length of time he worked during the year, reckoned
from the time he started working during the calendar year up to the time of his resignation or termination from the
service. (International School of Speech vs. NLRC and MC Mamuyac)


PART III: LABOR RELATIONS

JURISDICTION
LABOR ARBITERS
Original and exclusive jurisdiction to hear and decide, within 30 calendar days:
1. ULP cases;
2. TERMINATION disputes;
3. If accompanied WITH A CLAIM FOR REINSTATEMENT, those cases that workers may file involving wages,
rates of pay, hours of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of DAMAGES arising from employer-employee
relations;
5. CASES ARISING FROM ANY VIOLATION OF ART 264 of this Code, including questions involving the legality of
strikes and lockouts;
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, ALL OTHER
CLAIMS ARISING FROM EMPLOYER-EMPLOYEE RELATIONS, including those of persons in domestic or
household service, involving an amount exceeding P5, 000.00 regardless of whether accompanies with a
claim for reinstatement; and
7. MONETARY CLAIMS OF OVERSEAS CONTRACT WORKERS under the Migrant Workers Act of 1995.
8. Claims of employees against GOCCS WITHOUT ORIGINAL CHARTER and has been incorporated under the
Corporation Code.

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(NOTE: Although the provision speaks of EXCLUSIVE AND ORIGINAL JURISDICTION OF labor arbiters, the cases
enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties under Art. 262.
The law prefers voluntary over compulsory arbitration.)

NLRC DIVISION
Original and exclusive:
1. Cases certified to it for compulsory arbitration by the Secretary of Labor under Art. 263 CERTIFIED CASES;
2. INJUNCTION CASES under Art. 218 and 264; AND
3. CONTEMPT CASES
Exclusive appellate:
Cases DECIDED BY LABOR ARBITERS under Art 217b of the Labor Code and Sec 10 RA 8012(Migrant Workers Act);
and
Cases DECIDED BY THE REGIONAL OFFICES OF DOLE IN THE EXERCISE OF ITS ADJUDICATORY FUNCTION under
Art 129 of the Labor Code over monetary claims of workers amounting to not more that P5,000.00

BUREAU OF LABOR RELATIONS
Original and exclusive
INTRA- union conflicts
INTER- union conflicts
all DISPUTES, GRIEVANCES OR PROBLEMS ARISING FROM OR AFFECTING LABOR MANAGEMENT RELATIONS IN
ALL WORKPLACES WHETHER AGRICULTURAL OR NON-AGRICULTURAL.

(Note: The parties may however, by agreement, settle their differences by submitting their case to a voluntary
arbitrator rather than taking the case to the BLR.)

NATIONAL CONCILIATION AND MEDIATION BOARD
(Absorbed the conciliation, mediation and voluntary arbitration functions of the BLR.)
Functions:
Formulate policies, etc. pertaining to effective mediation and conciliation of labor disputes.
Perform preventive mediation and conciliation functions
Coordinate and maintain linkages with other sectors or institutions concerned with matters relative to the
prevention and settlement of labor disputes.
Formulate policies, etc, pertaining to the promotion of cooperative and non-adversarial schemes, grievance
handling, voluntary arbitration and other voluntary modes of dispute settlement.
Administer voluntary arbitration program
Provide counseling and preventive mediation assistance
monitor and exercise technical supervision over Board programs implemented in the regional offices.
Perform such other functions as may be provided by law or assigned by the Secretary of Labor.

GRIEVANCE MACHINERY
1. Interpretation and implementation of CBA
2. Interpretation and enforcement of company personnel policies

VOLUNTARY ARBITRATOR
1. Unresolved grievances from the Grievance machinery:
a. Interpretation and implementation of CBA
b. Interpretation and enforcement of company personnel policies
2. Wage distortion issues arising from the application of any wage orders in organized establishments
3. Unresolved grievances arising from the interpretation and implementation of productivity incentive
programs.
4. Other labor disputes by agreement of the parties

MED-ARBITER
1. Hear, conciliate, and decide representation cases
2. Assist in the disposition of intra or inter-union disputes.

VOLUNTARY ARBITRATORS, APPEAL OF DECISION
Appeals from decisions of voluntary arbitrators may be filed with the Court of Appeals, under Rule 43 of the
Revised Rules of Court.

PROHIBITIONS ON CERTIFICATION ELECTIONS
1. Deadlock bar rule. A petition for certification election cannot be entertained if, before the filing of the petition for
certification election, a bargaining deadlock to which an incumbent or certified bargaining agent is a party, had been
submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout.
2. One-year bar rule (Certification year bar). No petition for certification election may be filed within one year from
the date of a valid certification, consent, or run-off election or from the date of voluntary recognition
3. Contract bar rule. While a valid and registered CBA of a fixed duration is subsisting, the BLR is not allowed to hold an
election contesting the majority status of the incumbent union during the five year term of the CBA except during the
sixty day period immediately prior to the expiration of the CBA.
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4. Negotiation bar rule. A petition for certification election cannot be entertained if, before the filing of the petition
for certification election, the duly recognized or certified union has commenced negotiations with the employer in
accordance with Art. 250 of the Labor Code.

INSTANCES WHEN CERTIFICATION ELECTIONS ARE NOT SUSPENDED
1. despite the petition for the cancellation of union registration (Association of Court of Appeals Employees v
Ferrer-Calleja 203 SCRA 596)
2. when the employer filed the unfair labor charge against the union or its members (Barrera v CIR 107 SCRA 596)
3. when the complaining union is willing to undergo the risk of employer interference in a certification despite its
charge that the other participating labor unions are being aided or controlled by the company (The Standard
Cigarette Workers Union [PLUM] v CIR 101 Phil 126)
4. when the certification election sought to be stopped by the union is fait accompli since the employees have
articulated their choice as to who shall be their collective bargaining agent (TUPAS-WFTU v Laguesma 233
SCRA 565)

EXTENT OF THE RIGHT TO SELF-ORGANIZATION
1. To form, join and assist labor organizations for the purpose of collective bargaining through representatives of
their own choosing and
2. To engage in lawful concerted activities for the same purpose- for their mutual aid and protection.

RIGHTS OF UNION MEMBERS
Political right - the right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications.
Deliberative and Decision-Making Right - the right to participate in deliberations on major policy questions and decide
them by secret ballot.
Rights Over Money Matters - the right of the members:
a. against imposition of excessive fees;
b. right against unauthorized collection of contributions or unauthorized disbursements;
c. to require adequate records of income and expenses;
d. to access financial records;
e. to vote on officers compensation;
f. to vote on special assessment;
g. to be deducted a special assessment only with the members written authorization.
Right to Information - the right to be informed about:
the organizations constitution and by-laws,
the collective bargaining agreement, and labor laws.

MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS
Registration with the BLR (Independent Union)
Affiliation with a legitimate labor federation

REGISTRATION REQUIREMENTS FOR LABOR ORGANIZATIONS (as amended by DO 40-03)]
1. Application for registration
2. Attachments
name of the applicant labor union, its principal address;
the name of its officers and their respective addresses;
approximate number of employees in the bargaining unit where it seeks to operate, with a statement that it
is not reported as a chartered local of any federation or national union;
the minutes of the organizational meeting(s) and the list of employees who participated in the said
meeting(s);
the name of all its members comprising at least 20% of the employees in the bargaining unit;
the annual financial reports if the applicant has been in existence for one or more years, unless it has not
collected any amount from the members, in which case a statement to this effect shall be included in
the application;
the applicants constitution and by-laws, minutes of its adoption or ratification, and the list of the members
who participated in it. The list of ratifying members shall be dispensed with where the constitution
and by-laws was ratified or adopted during the organizational meeting. In such a case, the factual
circumstances of the ratification shall be recorded in the minutes of the organizational meeting(s).
(These are called reportorial requirements)
The application for registration of labor unions xxx, shall be certified under oath by its Secretary or Treasurer,
as the case may be, and attested by its president.
The attachments must now be in one(1) original copy and two (2) duplicate copies which shall accompany the
application or notice, and submitted to the Regional Office or the Bureau.
A prescribed registration fee must be paid before the issuance of the certificate of registration

REQUIREMENTS BEFORE A FEDERATION CAN BE ISSUED A CERTIFICATE OF REGISTRATION
Aside from the application, which must be accompanied with the requirements for registration of a labor registration,
the application should also be accompanied by the following:
1. Proof of affiliation of at least 10 locals or chapters, each of which must be a duly recognized sole and exclusive
collective bargaining agent in the establishment or industry in which it operates, supporting the registration of such
applicant federation or national union;

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2. The names and addresses of the companies where the locals or chapters operate and the list of all the members
in each company involved.

WHERE TO FILE APPLICATION FOR REGISTRATION
1. For registration of independent labor unions, chartered locals, workers associations shall be filed with the Regional
office where the applicant principally operates. It shall be processed by the Labor Relations Division at the Regional
office.
2. Applications for registration of federations, national unions or workers associations operating in more than one
region shall be filed with the bureau or the regional offices, but shall be processed by the bureau.


ULP
TEST OF INTERFERENCE OR COERCION
Whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free
exercise of the employees' right and it is not necessary that there be direct evidence that any employee was in fact
intimidated or coerced by the statements of threats or the employer if there is a reasonable interference that the anti-
union conduct of the employer does have an adverse effect of self-organization and collective bargaining.

SURFACE BARGAINING
It is defined as going through the motions of negotiating without any legal intent to reach an agreement. (Standard
Chartered bank Employees Union vs. Confesor, June 16, 2004)

BOULWARISM
It occurs when:
a. the employer directly bargains with the employee disregarding the union.
b. Employer submits its proposals and adopts a take it or leave it stand. This is not negotiation because the take it or
leave it stand implies threat.

TOTALITY OF CONDUCT DOCTRINE
The letter, exhibits A and B, should not be considered by themselves alone, but should be read in the light of the
preceding and subsequent circumstances surrounding. The letter should be interpreted according to the totality of
conduct doctrine, whereby the culpability of an employers remarks were to be evaluated not only on the basis of their
implicit implications, but were to be appraised against the background of and in conjunction with collateral
circumstances (The Insular Life Assurance Co., Ltd., Employees Association-ATU, et al. vs. The Insular Life
Assurance Co., Ltd.).



DIFFERENT KINDS OF UNION SECURITY ARRANGEMENTS
(EXCEPTIONS TO ULP ON INTERFERENCE ON THE EMPLOYEES EXERCISE OF THEIR RIGHT TO SELF-ORGANIZATION)
CLOSED-SHOP AGREEMENT - the employer undertakes not to employ any individual who is not a member of the
contracting union and the said individual once employed must, for the duration of the agreement, remain a member of
the union in good standing as a condition for continued employment.
does not have any retroactivity
apply only to new hires
EXCEPTIONS:
a. employees belonging to any religious sect which prohibit affiliation of their members with any labor organization
are not covered by such agreementThe free exercise of religious belief is superior to contract rights
(Victoriano vs. Elizalde Rope Workers).
b. members of the rival union are not covered by such arrangement.

SEMI-CLOSED SHOP AGREEMENT- has no requirement for the employee to remain as member of the contracting union in
good standing as a condition for continued employment.

UNION SHOP AGREEMENT -stipulation whereby any person can be employed by the employer but once employed such
employee must, within a specific period, become a member of the contracting union and remain as such in good standing
for continued employment for the duration of the CBA [take note of the exceptions in the preceding number.]

MAINTENANCE OF MEMBERSHIP CLAUSE - the agreement DOES NOT require non-members to join the contracting union
BUT provides that those who are members thereof at the time of the execution of the CBA and those who may thereafter
on their own volition become members must for the duration of the agreement maintain their membership in good
standing as a condition for continued employment in the company for the duration of the CBA.

PREFERENTIAL SHOP AGREEMENT an agreement whereby the employer merely agrees to give preference to the
members of the bargaining union in hiring, promotion or filing vacancies and retention in case of lay-off. The employer
has the right to hire from the open market if union members are not available.

AGENCY SHOP AGREEMENT - an agreement whereby employees must either join the union or pay to the union as
exclusive bargaining agent a sum equal to that paid by the members.
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This is directed against FREE RIDER employees who benefit from union activities without contributing support to
the union, to prevent a situation of non-union members enriching themselves at the expense of union members.
Employee members of another/rival union are not considered free riders since when the union [agent] bids
to be the bargaining agent, it voluntarily assumed the responsibility of representing all the employees in the
appropriate bargaining unit.

COLLECTIVE BARGAINING

COLLECTIVE BARGAINING AGREEMENT (CBA)
A negotiated contract between a legitimate labor organization and the employer concerning:
a. wages,
b. hours of work, and
c. all other terms and conditions of employment in a bargaining unit, including mandatory provisions for
grievances and arbitration machineries.

JURISDICTIONAL PRECONDITIONS
1. POSSESSION OF THE STATUS OF MAJORITY representation by the employees representative in accordance
with any of the means of selection or designation provided for by the Labor Code;
2. proof of MAJORITY REPRESENTATION (Certification of the BLR that the representative of the employees in the
sole and exclusive bargaining agent having won in a certification election); and
3. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. (Kiok Loy vs. NLRC)


DURATION OF THE CBA:
With respect to the representation aspect, the same lasts for 5 years
With respect to other provisions [economic provisions], the same may last for a maximum period of 3 years after the
execution of the CBA

RETROACTIVITY OF CBA BENEFITS
Labor laws are silent as to when an arbitral award in a labor dispute where the Secretary had assumed
jurisdiction by virtue of Article 263 (g) of the Labor Code shall retroact. In general, a CBA negotiated within six months
after the expiration of the existing CBA retroacts to the day immediately following such date and if agreed thereafter,
the effectivity depends on the agreement of the parties. On the other hand, the law is silent as to the retroactivity of a
CBA arbitral award or that granted not by virtue of the mutual agreement of the parties but by intervention of the
government. Despite the silence of the law, the Court rules herein that CBA arbitral awards granted after six months
from the expiration of the last CBA shall retroact to such time agreed upon by both employer and the employees or their
union. Absent such an agreement as to retroactivity, the award shall retroact to the first day after the six-month period
following the expiration of the last day of the CBA should there be one. In the absence of a CBA, the Secretary's
determination of the date of retroactivity as part of his discretionary powers over arbitral awards shall control
(MERALCO v. Quisumbing, G.R. No. 127598, February 22, 2000).

CERTIFICATION ELECTIONS

FOUR FACTORS IN DETERMINING THE APPROPRIATE BARGAINING UNIT:
the EXPRESS WILL OR DESIRE of the employees (Globe Doctrine);
the desires of all the employees are relevant to the determination of the appropriate bargaining unit. The relevance
of the wishes of the employees concerning their inclusion or exclusion from a proposed bargaining unit is
inherent in the basic right to self organization
the SUBSTANTIAL AND MUTUALITY INTEREST factor;
prior collective bargaining HISTORY; and
EMPLOYMENT STATUS, such as
a. temporary
b. seasonal, and
c. probationary employee

CERTIFICATION ELECTION
The process of determining by secret ballot the sole and exclusive bargaining agent of the employees in an
appropriate bargaining unit, for purposes of collective bargaining

CERTIFICATION vs. CONSENT ELECTION

CERTIFICATION ELECTION CONSENT ELECTION
A. NATURE
- separate and distinct from a consent
election


- a separate and distinct process and has nothing to do
with the import and effect of a certification election

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B. PURPOSE
- to determine the sole and exclusive
bargaining agent of all the employees
in an appropriate bargaining unit for
the purpose of collective bargaining;

- to determine the issue of majority representation of
all the workers in the appropriate collective bargaining
unit mainly for the purpose of determining the
administrator of the CBA when the contracting union
suffered massive disaffiliation but not for the purpose of
determining the bargaining agent for purposes of
collective bargaining.

DIRECT CERTIFICATION
The process whereby the Med-Arbiter directly certifies a labor organization of an appropriate bargaining unit of
a company after a showing that such petition is supported by at least a majority of the employees in the bargaining unit.
IT IS NO LONGER ALLOWED. (EO 111)


VOLUNTARY RECOGNITION
The process whereby the employer recognizes a labor organization as the exclusive bargaining representative of
the employees in the appropriate bargaining unit after a showing that the labor organization is supported by at least a
majority of the employees in the bargaining unit.

RE-RUN VS. RUN-OFF ELECTIONS

RE RUN ELECTION RUN OFF ELECTION
Held in two instances:
if one choice receives a plurality of vote
and the remaining choices results in a
tie;
if all choices received the same number of
votes;
In both instances, the NO UNION is
also a choice
Conducted when none of the choices, including the
choice of No Union, receives a majority of the valid
vote cast. This presupposes no less than three
competing choices. In this situation, an election is
conducted between the union choices receiving the
largest and the second largest number of the valid
votes cast.

ASSUMPTION ORDER. OF THE SECRETARY, ITS LEGAL IMPLICATIONS
Under Art. 263(g) of the Labor Code, such assumption shall have the effect of automatically enjoining the
intended or impending strike or lockout as specified in the assumption order. If one had already taken place at the time
of assumption, all striking or lockout employees shall immediately return to work and the employer shall immediately
resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lockout.
The Secretary of Labor and Employment may seek the assistance of law enforcement agencies to ensure compliance with
this provision as well as he may issue to enforce the same. The mere issuance of an assumption order by the Secretary of
Labor automatically carries with it a return to work order, even if the directive to return to work is not expressly stated
in the assumption order. Those who violate the foregoing shall be subject to disciplinary action or even criminal
prosecution.
Under Art. 264 of the Labor Code, no strike or lockout shall be declared after the assumption of jurisdiction by
the Secretary.
Power of Sec. of Labor is plenary and discretionary. (St. Lukes Medical Center vs. Torres, 29 June 1993

TESTS IN DETERMINING THE LEGALITY OF A STRIKE
1. Purpose Test (bargaining deadlock and/or unfair labor practice)
Compliance with Procedural and substantive requirements of law
notice of strike
30/15-day cooling-off period
strike vote
7 day strike ban
3. Means employed test - A strike may be legal at its inception but eventually be declared illegal if the strike is
accompanied by violence which violence is widespread, pervasive and adopted as a matter of policy and not merely
violence which is sporadic which normally occur in a strike area.
The three tests must concur. Non-compliance with any of the aforementioned requisites renders the strike
illegal.
STRIKERS WHO ARE NOT ENTITLED TO REINSTATEMENT
Union officers who knowingly participate in an illegal strike; and
any striker/union member who knowingly participates in the commission of illegal acts during the strike.
Those union members who joined an illegal strike but have not committed any illegal act shall be reinstated but
without any backwages.


DEFIANCE OF RETURN TO WORK ORDER IN A STRIKE CASE WHICH IS UNDER ASSUMPTION OF JURISDICTION, ITS
IMPLICATIONS
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In the case of Telefunken Semiconductors Employees Union FFW v. CA, G.R. No. 143013-14, December 18,
2000, the Supreme Court held that the strike of the Union cannot be viewed as anything but illegal for having been
staged in open and knowing defiance of the assumption and return-to-work orders. The necessary consequence thereof
are also detailed by the Supreme Court in its various rulings. In Marcopper Mining Corp. v. Brillantes (254 SCRA 595),
the High Tribunal stated in no uncertain terms that -
by staging a strike after the assumption of jurisdiction or certification for arbitration, workers forfeited
their right to; be readmitted to work, having abandoned their employment, and so could be validly replaced.

CONFIDENTIAL EMPLOYEES
Confidential employees who are ALSO rank and file employees cannot form, join, or assist unions if they assist in
a confidential capacity or have access to the confidential matters of persons who exercise managerial functions in the
field of labor relations. By the very nature of their functions, they assist and act in a confidential capacity to, or have
access to confidential matters of, persons who exercise managerial functions in the field of labor relations. As such, the
rationale for the ineligibility of managerial employees to form, assist or join a labor union equally applies to them.
In Bulletin Publishing Co., Inc. vs. Hon. Augusta Sanchez,144 SCRA 628 [1986] the Court elaborated on the
rationale for such inhibition in that, if the managerial employees would belong to, or be affiliated with a Union, the
latter might not be assured of their loyalty to the Union in view of evident conflict of interests. The Union can also
become company-dominated with the presence of managerial employees in Union membership."
This also holds true for confidential employees such as accounting personnel, radio and telegraph operators,
who having access to confidential information, may become the source of undue advantage. Said employee(s) may act as
a spy (ies) of either party to a collective bargaining agreement. This is especially true in the present case where the
petitioning Union is already the bargaining agent of the rank-and-file employees in the establishment. To allow
confidential employees to join the existing Union of the rank-and file would be in violation of the terms of the Collective
Bargaining Agreement wherein this kind of employees by the nature of their functions/positions are expressly excluded.
(Philips vs. NLRC, G.R. No. 88957, June 25, 1992).

GROUNDS FOR THE DECLARATION OF STRIKE
deadlock in collective bargaining (ECONOMIC); and/or
2. unfair labor practices (POLITICAL)

ILLEGAL STRIKES
A. SIT-DOWN STRIKE - is characterized by a temporary work stoppage of workers who thereupon seize or occupy
property of the employer or refuse to vacate the premises of the employer. ILLEGAL- amounts to a criminal act because
the employees trespass on the premises of the employer.
B. WILDCAT STRIKE- is a work stoppage that violates the labor contract and is not authorized by the union. ILLEGAL- It
is not valid because it fails to comply with certain requirements of the law, to wit: notice of strike, vote, and report on
strike vote.
C. SYMPATHETIC STRIKES- are work stoppages of workers of one company to make common cause with other strikers of
other companies, without demands or grievances of their own against the employer. ILLEGAL - because there is no labor
dispute between the workers who are joining the strikers and the latters employer.
D. SECONDARY STRIKES- are work stoppages of workers of one company to exert pressure on their employer so that the
latter will in turn bring pressure upon the employer of another company with whom another union has a labor dispute.
ILLEGAL- because there is no labor dispute involved.
E. WELGA NG BAYAN ILLEGAL because it is a political strike and therefore there is neither a bargaining deadlock nor
any ULP. It is a political rally.

SECURITY OF TENURE
The constitutional right granted the employee, that the employer shall not terminate the services of an
employee except for just cause or when authorized by law.

COMPUTATION OF BACKWAGES
Backwages shall cover the period from the date of dismissal of the employee up to the date of actual
reinstatement.
The base figure to be used in the computation of backwages due to the employee should include not just the
basic salary, but also the regular allowances that he had been receiving such as the emergency living allowances and the
13
th
- month pay mandated by the law (Paramount Vinyl Product Corporation vs. NLRC), transportation allowances,
vacation, service incentive leave and sick leave.
Facilities should not be included in the computation of backwages for the reason that such are given free, to be
used only for official tour of duty and not for personal use.

STRAINED RELATIONS PRINCIPLE
The rule is that strained relations may be invoked only against employees whose positions demand trust and
confidence, or whose differences with their employer are of such nature or degree as to preclude reinstatement
(Maranaw Hotels vs. CA).


REINSTATEMENT

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Restoration of the employee to the state from which he has been unjustly removed or separated without loss of
seniority rights and other privileges.
1. ACTUAL OR PHYSICAL REINSTATEMENT- the employee shall be admitted back to work
2. PAYROLL REINSTATEMENT- the employee is merely reinstated in the payroll.

KINDS OF EMPLOYMENT
1. REGULAR EMPLOYMENT - one wherein an employee is engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer.
2. CASUAL EMPLOYMENT one wherein an employee is engaged to perform activities which are not necessary or
desirable in the usual trade or business of the employer.
3. PROJECT EMPLOYMENT- employment is fixed for a specific project or undertaking the completion of which has
been determined at the time of the engagement of the employee.
4. TEMPORARY EMPLOYMENT OR EMPLOYMENT FOR A FIXED SPECIFIC PERIOD - one wherein an employee is engaged
to work on a specific project or undertaking which is usually necessary or desirable in the usual business or trade of the
employer, the completion of which has been determined at the time of the engagement of the employee.
5. SEASONAL EMPLOYMENT - one wherein an employee is engaged to work during a particular season on an activity that
is usually necessary or desirable in the usual business or trade of
6. PROBATIONARY EMPLOYMENT Shall not exceed 6 months unless covered by an apprenticeship agreement
stipulating a longer period. Such period is needed to determine the fitness for the job, i .e., the time needed to learn
the job. It is the period during which the employer may determine if the employee is qualified for possible inclusion in
the regular force.

FIXED PERIOD EMPLOYMENT, LEGALITY
Employment that will last only for a definite period, as agreed by the parties, is not illegal per se or against
public policy even if this kind of employment is not mentioned in Art. 280 of the Labor Code. Such may be justified
under the Civil Code. It can refer to fixed-term employment contracts or those to which the parties by free choice have
assigned a specific date for termination. It should be shown that the period was voluntarily agreed upon by the parties.
This is the substance of the ruling in Brent School Inc vs. Zamora, G.R. No. 48494)

EFFECT IF PROBATIONARY EMPLOYEE IS ALLOWED TO WORK BEYOND 6 MONTHS
If the probationary employee is allowed to work beyond the period of 6 months or the agreed probationary period,
said employee becomes a regular employee by operation of law. Under the Labor Code, an employee who is allowed to
work after a probationary period shall be considered a regular employee. (Art. 281.)

JUST CAUSES FOR DISMISSAL
1. Serious MISCONDUCT OR WILLFUL DISOBEDIENCE by the employee of the lawful orders of his employer or
representative in connection with his work;
Misconduct- 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 in judgment. (Dept. of Labor
Manual, Sec. 4353.01)
2. Gross and habitual NEGLECT by the employee of his duties;
3. FRAUD OR WILLFUL BREACH by the employee of the trust reposed in him by his employer or duly organized
representative
Fraud must be committed against the employer or his representative and in connection with the employees
work. (Dept. of Labor Manual, Sec. 4353.01 [3])
4. Commission of a CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS EMPLOYER or any immediate
member of his family or his duly authorized representative; and
Conviction or prosecution is not required.
5. Other causes ANALOGOUS to the foregoing.
A cause must be due to the voluntary or willful act or omission of the employee. (Nadura v. Benguet
Consolidated, G.R. No. L-17780)

AUTHORIZED CAUSES OF TERMINATION BY THE EMPLOYER
1. installation of labor-saving devices (AUTOMATION)
2. REDUNDANCY (superfluity in the performance of a particular work)
redundancy, for purposes of the Labor Code, exists where the services of an employee are in excess of what is
reasonably demanded by the actual requirements of the enterprise. (Wishire File Co. Inc. vs. NLRC)
3. RETRENCHMENT to prevent losses (there is excess of employees and employer wants to prevent financial losses).
Requirements:
(a) substantial losses which are not merely de minimis in extent;
(b) imminence of such substantial losses;
(c) retrenchment would effectively prevent the expected and additional losses;
(d) the alleged losses and expected losses must be proven by sufficient and convincing evidence.
4. closing or CESSATION OF OPERATION of the establishment or undertaking UNLESS the closing is for the purpose of
circumventing the provisions of the Labor Code.

5. DISEASE
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a. the disease is incurable within 6 months and the continued employment of the employee is prohibited by
law or prejudicial to his health as well as to the health of his co-employees
b. with a certification from public heath officer that the disease is incurable within 6 months despite due
medication and treatment.

TERMINATION BY EMPLOYEE
WITHOUT JUST CAUSE- by serving a WRITTEN NOTICE on the employer at least one month in advance. The employer
upon whom no such notice was served may hold the employee liable for damages.
WITH JUST CAUSE - An employee may put an end to establish WITHOUT SERVING ANY NOTICE on the employer for any
of the following just causes:
1. SERIOUS INSULT by the employer or his representative on the hour and person of the employee;
2. Inhuman and UNBEARABLE TREATMENT accorded the employee by the employer or his representative;
3. Commission of a CRIME OR OFFENSE by the employer or his representative against the person of the employee
or any of the immediate members of his family; and
4. Other causes ANALOGOUS to any of the foregoing.

DISMISSAL, PRESENCE OF JUST/AUTHORIZED CAUSE AND DUE PROCESS
Four possible situations under Agabon vs. NLRC, November 17, 2004:
1. (1)If dismissal is for a just/authorized cause and due process was observed- dismissal is valid and employer will
not suffer any liability.
2. (2)If dismissal is without just/authorized cause but due process was observed dismissal is illegal, apply Art 279
regarding reinstatement and backwages.
3. (3)If dismissal is without just/authorized cause and without due process- dismissal is illegal, apply Art. 279
regarding reinstatement and backwages.
4. (4) Dismissal is for just/authorized cause but due process was not observed Dismissal is valid. However,
Sanctions must be imposed on the employer. Such sanctions, must be stiffer than that imposed in Wenphil.

Under the WENPHIL DOCTRINE, if the services of the employee was terminated due to a just or authorized cause
but the affected employees right to due process has been violated, the dismissal is legal but the employee is entitled to
damages by way of indemnification for the violation of the right.
SERRANO vs. ISETANN et. al. abandoned the Wenphil doctrine and ruled that if the employee is dismissed under
just or authorized cause but the affected employees right to due process has been violated, his dismissal becomes
ineffectual. Therefore, the employee is entitled to backwages from the time he was dismissed until the determination of
the justness of the cause of the dismissal.
The most recent case of AGABON vs. NLRC abandoned the Serrano doctrine and REINSTATED THE WENPHIL
DOCTRINE. The sanctions, however must be stiffer than that imposed in Wenphil.


REPUBLIC ACT NO. 7641, APPLICATION TO EMPLOYEES COVERED WITH A VALID RETIREMENT PLAN, RETROACTIVE
EFFECT
The said law intends to give the minimum retirement benefits to employees not entitled thereto under
collective bargaining and other agreements. Its coverage applies to establishments with existing collective bargaining, or
other agreements or voluntary retirement plans whose benefits are less than those prescribed under the proviso in
question.
The said law is a curative social legislation, which, by their nature, may be given retroactive effect, unless it
will impair vested rights. It has a retroactive effect to include in its coverage the employees services to an employer
rendered prior to its effectivity. It applies to employees in the employee of employers at the time the law took effect
and who are eligible to benefits under that statute (MLQU vs. NLRC, G.R. No. 141673, October 17, 2001).


PART FOUR: SPECIAL LAWS

SSS, COVERAGE:
Compulsory:
1. Compulsory upon all employees not over 60 years of age and their employers
2. In case of domestic helpers, their monthly income should not be less than one thousand pesos
3. Compulsory upon such self- employed persons as may be determined by the Commission including but not
limited to the following (Sec 9-A): All self employed professionals
a. Partners and single proprietors
b. Actors and actresses directors, scriptwriters and news correspondents who do not fall within the definition
of the term employee in Section 8 (d) of this Act
c. Professional athletes, coaches, trainers, and jockeys
d. Individual farmers and fishermen
e.
Voluntary:
1. Spouses who devote full time to managing the household and family affairs, unless they are also engaged in
other vocation or employment which is subject to mandatory coverage, may be covered by the SSS on a
voluntary basis.
2. Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary
basis

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3. Employees separated from employment may continue to pay contributions to maintain his right to full benefits
(Sec. 11)
4. Self-employed with no income (11-A)

By Agreement:
Any foreign government, international organization, or their wholly-owned instrumentality employing workers in the
Philippines, may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS
except those already covered by their respective civil service retirement systems (Sec.8 (j (4), RA 8282).

EFFECTIVE DATE OF COVERAGE UNDER THE SSS
1. Employer: It shall take effect on the first day of his operation
2. Employee: On the day of his employment
3. Self-employed: It shall take effect upon his registration with SSS

GSIS, COMPULSORY MEMBERSHIP
Compulsory for all employees (as defined in Section 2 (d) of GSIS Law) receiving compensation who have not
reached the compulsory retirement age, irrespective of employment status, EXCEPT MEMBERS OF THE ARMED FORCES
AND THE PNP, subject to the condition that they must settle first their financial obligations with the GSIS and
contractuals who have no employer and employee relationship with the agencies they serve.
EXCEPT FOR THE MEMBERS OF THE JUDICIARY AND CONSTITUTIONAL COMMISSIONS WHO SHALL HAVE LIFE
INSURANCE ONLY, all members of the GSIS shall have life insurance, retirement and all other social security protection
such as disability, survivorship, separation and unemployment benefits (Sec. 3, RA 8291)

CARL, COVERAGE:
Regardless of tenurial agreement and commodity produced, all public and private agricultural lands as provided
in Proc. No. 131 and EO 229, including other lands of the public domain suitable for agriculture.
Specifically:
1. All alienable and disposable lands of the public domain devoted to or suitable for agriculture;
2. All lands of the public domain in excess to the specified limits as determined by Congress;
3. All lands owned by the Government devoted to or suitable for agriculture;
4. All private lands devoted to or suitable for agriculture regardless of agricultural products raised or that can
be raised theron. (Sec. 4, CARL)

DISTINCTIONS BETWEEN SHARE TENANCY AND LEASEHOLD TENANCY.
In share tenancy, the tenant has physical possession of anothers land for the purpose of cultivating it, giving the
owner the share of the property, while in leasehold tenancy, the lessee pays the landowner a fixed rent for the use and
cultivation of the land.
In share tenancy, the tenant has the option to shoulder any other items of production such as farm implements,
while in leasehold tenancy, the lessee always shoulders all items of production except the land.
In share tenancy, the tenant and landholder are co-managers of the farm holding, while in leasehold tenancy,
the lessee is the sole manager.
In share tenancy, the tenant and the landholder divide the harvest in proportion to their contributions. In
leasehold tenancy, the lessee gets the whole harvest; he only has the mere obligation to pay the rental.

CHILD LABOR
Child laborers are persons aged below 15, or from 15 to below 18 years, performing work or service that is
hazardous or deleterious in nature, or exploitative, or unsupervised by the childs parent or guardian, or that interferes
with normal development, or deprives that childs right to health and education.
However, not all children who work are engaged in child labor. Work performed by any person below 15 years of
age is not considered child labor if it falls under allowable situations under Republic Act No. 7658. Light work that is
occasional, legal and respects the childs right to health and education is not child labor.


Special Thanks to:
Atty. J. Oswald B. Lorenzo