Summary
Decision of the Voluntary Arbiter appeal to CA
under Rule 43 (Luzon Devt Bank)
Decision of the DOLE and other attached
agencies (including NLRC) should be brought to
the CA under Rule 65 (St. Martin Funeral Homes)
Decision of the DOLE Secretary certiorari to the
CA under Rule 65 (NAFLU v. Laguesma)
Order of the Med-Arbiter in CE in organized
establishments not appealable under DO 40-03
(2003). Thus, the recourse is certiorari under
Rule 65.
Decisions of the BLR in its appellate certiorari
under Rule 65 (UST Employees Union v. Bitonio)
Certiorari is not a substitute for lost appeal.
10 days to perfect appeal by filing a
Memorandum of Appeal
Property bond is now allowed. [UERM-Memorial
Medical Center v. NLRC, 269 SCRA 70 (1997)]
Appeal bond must be strictly complied with.
NLRC cannot resuscitate a lost appeal.
Only 1 MR is allowed.
LA cannot entertain an MR or a petition for relief
of judgment
After the decision has become final and
executory, the writ of execution is NOT
appealable.
To stay writ of execution, ask for an injunction
under Art. 218(e)
Period to appeal cannot be extended BUT in a
number of cases, SC entertained appeals filed
out of time under the interest of justice rule (esp.
if the appellants are the employees).
Doctrine of supervening event (i.e. closure of
company) requires payment of separation pay
and full backwages up to the time of the closure
of the company.
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Reinstatement Pending
Appeal
(RPA)
1. Decision of the LA
2. Independent right
3. Payroll reinstatement
4. Receipt of LAs decision
SOCIAL LEGISLATION
THIRTEENTH-MONTH PAY (PD 851)
Page 77 of 83
All employers are required to pay all their rankand-file employees a 13th month pay not later
than December 24 of every year. Such
employees are entitled to the benefit regardless
of their designation or employment status and
irrespective of the method by which their wages
are paid, provided that they have worked for at
least 1 mo. during a calendar year.
13th Month Pay 1/12th of the basic salary of an
employee within a calendar year
Coverage
It applies to all government employees--employees
of all branches, subdivisions, instrumentalities, and
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Right to Organize
Prescription: 3 years
Page 79 of 83
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The Civil Service and
labor
and procedures,
whenever applicable, shall be followed in the
resolution of complaints, grievances and cases
involving government employees. In case any dispute
remains unresolved after exhausting all the available
remedies under existing laws and procedures, the
parties may jointly refer the dispute to the Council, for
appropriate action. (16)
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INSURANCE
The compulsory health insurance program of the
government as established in this Act, which shall
provide universal health insurance coverage and
ensure affordable, acceptable, available and
accessible health care services for all citizens of the
Philippines.
Page 81 of 83
Page 83 of 83
Labor organizations
operating within an identified
industry may also apply for
registration as a federation
or national union within the
specified industry by
submitting to the Bureau the
same set of documents
e.
d.
c.
a.
b.
Workers Association
Registration fee
Name of the applicant
association, its principal
address, the name of its
officers and their respective
addresses,
Minutes of the
organizational meetings, and
names of individual
members who attended such
meetings
Financial reports of the
applicant association if it 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
Constitution and By-laws
with names of ratifying
members, the minutes of
adoption or ratification of the
CBL and the date when
ratification was made, unless
ratification was done in the
meeting, in which case such
fact shall be reflected in the
minutes
Chartered Local
a. A charter certificate issued by
the federation or national union
indicating the creation or
establishment of the
local/chapter;
b. The names of the local/chapters
officers, their addresses, and the
principal office of the
local/chapter; and
c. The local/chapters constitution
and by-laws, provided that where
the local/chapters constitution
and by-laws is the same as that
of the federation or national
union, this fact shall be indicated
accordingly.
WHERE
TO FILE
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Affiliation
Report of affiliation shall be filed with the
Regional Office that issued its certificate of
registration
Merger
Notice of merger of the independent
labor unions, chartered locals and
workers association shall be filed with
the Regional Office that issued the
certificate of registration
Notice of merger of federation shall be
filed and recorded with the Bureau
b.
a.
REQUIREMENTS
Consolidation
a. Notice of consolidation of the
independent labor unions, chartered
locals and workers association shall be
filed with the Regional Office that issued
the certificate of registration of
consolidation of federation shall be filed
b. Notice recorded with the Bureau
Regional Office
Bureau
labor union
Approval
- Issuance of certificate of
registration
Denial
Ground: Failure to comply with
requirements
DENIAL BY:
Regional Office
(transmit records
within 24 hours from
receipt of Memo of
Appeal)
GROUNDS:
1. Grave abuse of discretion;
2. Violation of rules as amended
Bureau
(decision within 20
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records)
Supreme Court
Rule 65
Bureau
(transmit
records
within 24 hours from
receipt of Memo of
Appeal)
Secretary of DOLE
(decision within 20
days from receipt of
records)
Supreme Court
Rule 65
Members of labor
organization for actions
involving violations of Art.
241
GROUNDS:
a. Misrepresentation, false statement
or fraud in connection with the
adoption or ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification;
b. Failure to submit the documents
mentioned in the preceding
paragraph within thirty (30) days
from adoption or ratification of the
constitution and by-laws or
amendments thereto;
c. Misrepresentation, false statements
or fraud in connection with the
election of officers, minutes of the
election of officers, the list of voters,
failure to submit these documents
together with the list of the newly
elected or appointed officers and
their postal address within thirty (30)
days from election;
d. Failure to submit the QuickTime
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thirty (30) days after the close of
every fiscal year and
misrepresentation, false entries or
fraud in the preparation of the
financial report;
e.
Resolved by Regional
Director like the procedure
of Inter/Intra-Union Disputes
(Rule XI)
g.
h.
i.
j.
k.
No response within
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Bureau shall:
1) order cancellation of registration
2) cause its de-listing from the roster of
legitimate labor organizations
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Committee composed of
at least three (3)
members who are not
running for any position in
the election.
if there are identifiable
parties within the labor
organization, each party
shall have equal
representation in the
committee
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Raffle
Service of notice of
preliminary conference
Preliminary Conference
Parties agree to a
consent election
Parties fail to
agree on consent
election
Hearings
Forward records of
petition to Regional
Director/ authorized
representative
within 10 days
from last hearing
First pre-election
conference
Must be within 10 days from
Date of entry of agreement
Decision
Where to file?
with the Regional Office
which issued the
certificate of
registration/certificate of
creation
When to file?
anytime, except:
a. When voluntary
recognition has been
entered, or a valid
certification, consent
or run-off election has
been conducted
within 1 year prior to
the filing.
b. negotiations in good
faith with the
employer
c. bargaining deadlock
had been submitted
to conciliation or
arbitration or had
become the subject
of a valid notice of
strike or lockout.
d. Registered CBA
may file only within
60 days prior to the
expiration of the CBA.
If there is no appeal
Within 10 days from
Receipt of decision,
Med-arbiter shall enter
The finality of the decision
In the records of the case
Decision
Organized
establishment
Unorganized
establishment
Petition Granted
Petition Denied
Petition Granted
Petition Denied
Non-appealable
File memorandum of appeal
with Regional Office where the
petition originated
Reply
Secretarys Decision
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Pre-election conference
Posting of Notices:
at least 10 days before
election.
2 most conspicuous
places in company
premises
Contents:
1. date and time of election
2. names of all contending
unions
3. description of the
bargaining unit, list of
eligible and challenged
voters
Certification Election
Election precincts
close
Canvass of votes
Failure of Election
when the votes cast is less
than the majority of the
eligible voters, and there
are no material challenged
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Another certification or
Transmit records of the case to
consent election may be
Med-arbiter. Med-arbiter shall
held within 6 months.
issue an order proclaiming the
results of the election.
Present grievance to
shop steward
Based on DO 40-03
This will apply only in the
absence of a provision in the
CBA or existing company
policy.
Immediate supervisor
No settlement
Grievance Committee
Still unresolved
Either party may serve
notice upon the other of
its decision to submit to
voluntary arbitration
If the party upon whom the notice is
served fails or refuses to respond
favorable within 7 days from receipt:
1. Designated voluntary arbitrator or
panel shall begin voluntary
arbitration proceedings, or
2. Board shall call the parties and
appoint a voluntary arbitrator or
panel.
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10 days
Grievance
committee decision
Raffle
Raffle is dispensed with if there is only one Medarbiter or Hearing Officer in the Region
Petition shall be
transmitted to Medarbiter
Within 3 days from receipt
Of petition
Prepare, cause service of notice
of preliminary conference upon
the party filing the petition.
Preliminary conference
No amicable settlement
Hearing/s
limited to clarificatory
questions by Med-arbiter
deemed submitted for
decision after the last
hearing or upon expiration of
25 days from preliminary
conference, whichever
comes first. (max of 25 days
to conduct hearings)
Bureau/Med-arbiter must
Decision
Decide within 20 days
From last hearing
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1. Regional Office which issued certificate of registration/creation
any legitimate labor
- complaints involving labor unions with independent registration, chartered
organization or its members
locals, workers association, its officer/members.
any party-in-interest
2.
Bureau
if the issue involves the entire
- involving federations, national unions, industry unions, its
membership of the labor
officers/members.
organization, complaint must
3. Regional Director
be supported by 30% of
- petitions for cancellation of registration of labor unions, petitions for
members.
deregistration of CBA
4. Med-arbiter
- other inter/intra union disputes and other related labor relations disputes
Med-arbiter/ Regional
Director Decision
Bureau Director
Decision
Only 1 MR allowed
Office of Secretary
Decision Final and
Executory
Execution of Decision
Med-arbiter and Regional Director Decision,
or Bureau Decision, in the exercise of its
original jurisdiction automatically stayed
pending appeal.
Bureau Decision, Office of Secretary
Decision in exercise of its appellate
jurisdiction immediately executory upon entry
of final judgment.
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9.
8.
7.
6.
5.
4.
1.
2.
3.
2.
1.
Cancellation /
Suspension of
License of
Authority to
recruit of
Recruitment
Agencies (until
phase out
within five
years as
provided in RA
8042)
Disciplinary
Action against
OFWs
POEA
Strike Subject to
Assumption of
Jurisdiction
Regional Director
(128 / 129)
certified
ULP
1. Labor Standards
Enforcement
Termination Cases
Enforcement of labor
2. Occupational
Standards with claim
Safety and Health
exceeding P5,000 per
Violations
individual
3. Money Claims
Damages arising from
arising from Labor
EER
Standards
All other claims
Violations NOT
arising from EER
exceeding P5,000
Violation of
per individual AND
Compromise
w/o claims for
Agreements
reinstatement
Execution of award of
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limit
is applicable to the
Overseas
adjudicatory powers of
Employment
the Regional Director
Disputes, i.e. money
under Art. 129 and not
claims arising from
the visitorial and
such
Wage distortion
enforcement power
cases (where there is
under 128.
no CBA)
Labor Arbiter
(217)
NLRC
ANNEX L: Jurisdiction
Federation / National
Union / Trade Union
Center Registration,
revocation and
cancellation cases
2.
Complaints
involving
federations,
national unions,
industry unions, its
officers or member
organizations.
3. A request for
examination of
books of accounts
of federations or
national unions and
trade union
centers pursuant to
Article 274
1.
Bureau of Labor
Relations
assumed
BLR
8.
7.
Election of Officers
CBA Registration
Independent Union/Chartered Local
Registration Revocation and
cancellation cases
3.
4.
5.
4.
3.
2.
1.
Disputes
concerning
interpretation
or
implementation
of CBA
Disputes
concerning of
interpretation
or
implementation
of company
personnel
policies
All others
defined as
grievance by
CBA
Wage
distortion
cases (where
there is CBA)
Grievance
Machinery
Disputes
Submitted to
Voluntary
Arbitrator
Voluntary Arbitration
Regional Office
Med-Arbiter
1. Petition for Certification Election.
2. Complaints or petitions involving
labor unions with independent
registration, chartered locals,
workers' associations, its officers or
members.
Court of Appeals
Supreme Court
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Venue
All cases within the jurisdiction of the LA to hear
and decide may be filed with the Regional
Arbitration Branch (RAB) having jurisdiction over
the workplace of the complainant.
Venue place where the employee is regularly
employed at the time the cause of action arose;
whether on temporary detail, assignment or
travel. For field, ambulant or itinerant workers,
the workplace shall mean the place where they
are regularly assigned or where they are
supposed to regularly receive their salaries /
wages and report the result of their assignment.
If 2 or more RABs have jurisdiction over the
workplace of the complainant, the branch that
first acquired jurisdiction over the case shall
exclude the others.
Venue of a case may be transferred to another
branch upon written agreement of the parties or
upon order of the LA or NLRC, upon motion by
the proper party in meritorious cases.
Cases involving OFWs RAB having jurisdiction
over the place where the complainant resides or
where the principal office of any of the
respondents is situated, at the option of the
complainant.
Subject to Art. 263 (g) of the Code, the LA shall
dispose of the case assigned to him including
any or all incidents thereof in the same
proceeding to avoid multiplicity of suits.
Submission of Position Paper and Reply
When required, the LA should direct the parties
to file simultaneously their verified position
papers attaching their supporting documents and
affidavits within the inextendible period of 10
calendar days from the date of the termination of
the conciliation conference.
A reply may be filed by either party within 10
calendar days from receipt of the position papers.
No facts or evidence to prove facts of any cause
of action not included in the complaint are
allowed to be alleged in the position papers.
LA shall determine whether there is a need for a
hearing or clarificatory conference and at his
discretion, the LA may ask clarificatory questions
to elicit further information on facts.
Appeals
Decisions and orders of the LA are final and
executory unless appealed to the Commission
within 10 calendar days; and in case of orders
and resolutions of the Regional director of the
DOLE, within 5 days from receipt thereof.
No motion or request for extension of the period
to appeal is allowed.
Requisites of perfection of appeal:
1. Appeal must be:
a) filed within the reglementary period
provided in Sec.1 of this Rule
b) verified by the appellant himself in
accordance with the Rules of Court
Sec.4, Rule 7
c) in form of a memorandum of appeal
stating
i. the grounds relied upon and
arguments in support thereof
ii. relief prayed for,
iii. statement of the date appellant
received the appealed decision,
d) in 3 copies
e) accompanied by
i. proof of payment of required
appeal fee
ii. posting of a bond
iii. certificate of non-forum shopping
iv. proof of service upon other parties
In case the decision of the Labor Arbiter or the
Regional Director involves a monetary award, an
appeal by the employer may be perfected only
upon the posting of a bond.
Once an appeal is filed, the LA loses jurisdiction
over the case. All pleadings and motions
Injunction
A preliminary injunction or TRO may be granted
by the NLRC through its Divisions when it is
established on the basis of the sworn allegations
in the petition that the acts complained of
involving or arising from any labor dispute before
the NLRC which if not restrained may cause
grave or irreparable damage to any party.
After the hearing of the testimony of witnesses
and with opportunity for cross examination in
support of the allegations of the complaint or
petition under oath, and testimony by way of
opposition thereto, and only after a finding of fact
by the Commission:
a. that the prohibited acts have been threatened
and will be committed and continued unless
restrained;
b. that substantial and irreparable injury to
petitioners property will follow;
c. that as to each item of relief to be granted,
greater injury will be inflicted upon
respondents by the granting of relief;
d. that the petitioner has no adequate remedy
at law;
e. that the public officers charged with the duty
to protect petitioners property are unable or
unwilling to furnish adequate protection.
If the petitioner shall also allege that unless a
TRO shall be issued without notice, a substantial
or irreparable injury to petitioners property will be
unavoidable, such a TRO may be issued upon
testimony under oath, or by oath, or by affidavits
of the petitioners witnesses, if sufficient, if
sustained to justify the Commission in the
issuance thereof.
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DEPENDENTS
CONDITIONS FOR
CHILD TO BE
CONSIDERED
DEPENDENT
BENEFICIARIES
1. PRIMARY
2. SECONDARY
3. OTHERS
BENEFITS
a. Dependent Parents
b. Absent primary and secondary
beneficiaries, any other person
designated by member as secondary
beneficiary
1. ALL MEMBERS
a. Life Insurance
b. Retirement
c. Disability
d. Survivorship
e. Separation
f. Unemployment
2. JUDICIARY
9. Loan Grant
COVERAGE
1. COMPULSORY
2. VOLUNTARY
COMPENSATION
BASIS OF CLAIM
EFFECTS OF
SEPARATION
FROM
EMPLOYMENT
PRESCRIPTIVE
PERIOD
Appeal:
CA questions of law and facts
SC questions of law only
10 years from accrual of right of action
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Appeal:
CA Rule 43, Section 31
SC Rule 45