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Labor Law & Social Legislation Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007


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

Appeal of Regional Directors Decision under Art.


129
Appeal to NLRC

Summary
Decision of the Voluntary Arbiter appeal to CA
under Rule 43 (Luzon Devt Bank)
Decision of the DOLE and other attached
agencies (including NLRC) should be brought 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.

NLRC cannot order a refund of benefits or


salaries.
Rationale: for the employee to earn after all he
won in the LA level
Time to reckon reinstatement is the date of
receipt of LAs decision; not NLRC decision
Relief of the employer is to ask for an injunction
under Art. 218(e)
If the employee is confidential, only payroll
reinstatement is required.

VII. PENAL PROVISIONS AND LIABILITIES


Penalties for Violations of the Provisions of the
Labor Code
Fine of Php 1,000 to Php 10,000, or
imprisonment for 3 months to 3 years, or both at the
discretion of the court.
Persons liable if an offense is committed by a
juridical person
The penalty shall be imposed upon the guilty
officer or officers of such corporation, trust, firm,
partnership, association or entity.
Prescriptive period of offenses penalized by the
Labor Code
GR: 3 years from the time the cause of action
accrued
Exception: ULP cases prescribe within 1 year from
accrual of such unfair labor practice

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Reinstatement Pending
Appeal
(RPA)
1. Decision of the LA
2. Independent right
3. Payroll reinstatement
4. Receipt of LAs decision

Even if NLRC reverses LA decision, the


employee is still entitled to the benefit of RPA.

SOCIAL LEGISLATION
THIRTEENTH-MONTH PAY (PD 851)
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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

Basic Salary includes all remunerations or


earnings paid by an employer to an employee for
services rendered but does not include cost of living
allowances (COLA), profit-sharing payments and all
allowances and monetary benefits (e.g. unused VL
and sick leave credits, OT premium, night differential
and holiday pay) which are not considered or
integrated as part of the regular or basic salary of the
employee. However, the above should be included in
the computation if by individual or collective
agreement, company practice or policy.
Exempted Employees:
1. Government and any of its political subdivisions,
including GOCCs, except those corporations
operating essentially as private subsidiaries of
the Government;
2. Employers already paying their employees 13th
month pay or more in a calendar year or its
equivalent at the time of issuance of PD 851
Its equivalent includes Christmas bonus,
mid-year bonus, cash bonuses and other
payments amounting to not less than 1/12 of
the basic salary but shall not include cash
and stock dividends, COLA and all other
allowances regularly enjoyed by the Eee as
well as non-monetary benefits.
3. Employers of household helpers and persons in
the personal service of another in relation to such
workers
4. Employers of those who are paid on commission,
boundary, or task basis, and those who are paid
a fixed amount for performance of a specific
work, irrespective of QuickTime
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workers are paid on a piece-rate basis, in which
case the employer shall grant the required 13th
month pay to such workers.
Piece Rate employees who are paid a
standard amount for every piece or unit of
work produced that is more or less regularly
replicated, without regard to the time spent in
producing the same.

13th Month Pay for Certain Types of Employees


1. Employees paid by results entitled to 13th
month pay
2. Those with Multiple Employers entitled to the
13th month pay from all their private employers
regardless of their total earnings from each or all
of their employers
3. Private School Teachers entitled regardless of
the number of months they teach or are paid
within a year, if they have rendered service for at
least 1 month within a year.
th
Month Pay of Resigned or Separated
13
Employee entitled to the benefit 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

May be demanded by the employee upon the


cessation of EER.

Non-inclusion in Regular Wage benefit need not


be credited as part of regular wage of employees for
purposes of determining OT pay and premium pays,
fringe benefits as well as contributions to the state
insurance fund, Social Security, Medicare, and
private retirement plans

ANTI-SEXUAL HARASSMENT ACT OF 1995


(RA 7877)
Where Committed
working, education, training environment (WET)
Who Commits
1. employer
2. employee
3. manager
4. supervisor
5. agent of the employer
6. teacher
7. instructor
8. professor
9. coach
10. trainor
11. any other person having authority, influence or
moral ascendancy over another
How Committed
Person liable demands, requests, or otherwise
requires any sexual favor from the other, regardless
of whether the demand, request or requirement for
submission is accepted by the object of said Act
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Work-Related/Employment Environment, Sexual
Harassment Committed When
1. The sexual favor is made as a condition
a. in hiring or in the employment, reemployment
or continued employment of said individual
b. in granting said individual favorable
compensation, terms, conditions, promotions
or privileges
c. the refusal to grant the sexual favor results in
limiting, segregating or classifying the
employee which in any way would
discriminate, deprive or diminish employment
opportunities or otherwise adversely affect
said employee
2. The above acts would impair the employees
rights or privileges under existing labor laws
3. The above acts would result in an intimidating,
hostile or offensive environment for the employee
Duty of Employer
1. Promulgate appropriate rules and regulations
prescribing the procedure for investigation of
sexual harassment cases as well as guidelines
on proper decorum in the workplace
2. Create a committee on decorum and
investigation of cases on sexual harassment.
Liability of Employer / Head of Office
Solidarily liable for damages arising from the acts of
sexual harassment committed in the employment,
education or training environment if the employer is
informed of such acts by the offended party and no
immediate action is taken

All government employees can form, join or assist


employees organizations of their own choosing for
the furtherance and protection of their interests. They
can also form, in conjunction with appropriate
government
authorities,
labor-management
committees, work councils, and other forms of
workers participation schemes for the same
objectives (2)
Who are Ineligible to Join Organization of Rank &
File Government Employees
High-level employees whose functions are normally
considered as policy-making or managerial or whose
duties are of a highly confidential nature (3)
Protection of Right to Organize
They shall not be discriminated against in respect of
their employment by reason of their membership or
participation in employees organizations. Their
employment shall not be subject to the condition that
they shall not join or shall relinquish their
membership therein (5)
Non-Interference of Government Authorities
Government authorities shall not interfere in the
establishment, functioning or administration of
government employees' organizations through acts
designed to place such organizations under the
control of government authority (6)
Place of Registration
CSC and DOLE (7)

Coverage
It applies to all government employees--employees
of all branches, subdivisions, instrumentalities, and
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Procedure for the Registration of Employees


Organizations
1. File application with BLR or Regional Office,
which shall transmit the application to the BLR
within 3 days from receipt
2. BLR shall process the application in accordance
with the Labor Code (7)
3. Upon approval, a registration certificate will be
issued, recognizing it as a legitimate employees
organization with the right to represent its
members and undertake activities to further and
defend its interests
4. The certificates of registration shall be jointly
approved by the Chairman of the CSC and
Secretary of DOLE (8)

Excluded from Coverage


Members of the Armed Forces of the Philippines,
including police officers, policemen, firemen and jail
guards (4)

Appropriate Organizational Unit


It is the employers unit consisting of rank-and-file
employees unless circumstances otherwise require.
(9)

Right to Organize

Sole and Exclusive Representative of Employees

Prescription: 3 years

EXECUTIVE ORDER NO. 180


Guidelines for the exercise of the right to organize of
government employees, creating a public sector
labor-management council, and for other purposes.

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It is the duly registered employees organization
having the support of the majority of the employees in
the appropriate organizational unit (10)
Voluntary Recognition
A duly registered employees organization shall be
accorded voluntary recognition upon a showing that
no other employees organization is registered or is
seeking registration, based on records of the BLR,
and that the said organization has the majority
support of the R&F employees in the organizational
unit (11)
Certification Election
Where there are 2 or more duly registered
employees organizations in the appropriate
organizational unit, the BLR shall, upon petition,
order the conduct of a certification election and shall
certify the winner as the exclusive representative of
the R&F employees in said organization unit (12)
Subject of Negotiation
Terms
and
conditions
of
employment
or
improvements thereof, except those that are fixed by
law, may be the subject of negotiations between duly
recognized employees' organizations and appropriate
government authorities (13)
Peaceful Concerted Activities and Strikes
The Civil Service laws and rules governing concerted
activities and strikes in the government service shall
be observed, subject to any legislation that may be
enacted by Congress. (14)
Public Sector Labor-Management Council
It is the body charged with implementing and
administering EO 180.
Composition of Council
1. Chairman, CSC - Chairman
2. Secretary, DOLE Vice-Chairman
3. Secretary, - DOF - Member
4. Secretary, DOJ Member
5. Secretary,
Department
of
Budget
Management Member (15)

Bautista v. CA, GR No. 123375, 28 February 2005


The SC affirmed its ruling in Association of Court
of Appeals Employees v Ferrer-Calleja (GR No.
94716, 15 Nov. 1991), where it ruled that the BLR
has the jurisdiction to call for and supervise the
conduct of certification elections in the public sector.
The Court stated that there is no constitutional
objection to DOLE handling the certification process
considering its expertise, machinery and experience
in this particular activity. EO 180 requires
organizations of government employees to register
with both DOEL and CSC. This ambivalence
notwithstanding, the CSC has no facilities, personnel
and experience in the conduct of certification
elections. BLR has to do the job.

SALIENT PROVISIONS OF THE


SSS LAW & GSIS LAW
(ANNEX O)

NATIONAL HEALTH INSURANCE ACT OF 1995


(RA 7875)
General Objectives
1. provide all citizens of the Philippines with the
mechanism to gain financial access to health
services;
2. create the National Health Insurance Program to
serve as the means to help the people pay for
health care services;
3. prioritize and accelerate the provision of health
services to all Filipinos, especially that segment
of the population who cannot afford such
services; and
4. establish the Philippine Health Insurance
Corporation that will administer the Program at
central and local levels
BENEFICIARY - Any person entitled to health care
benefits under this Act.

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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)

CAPITATION - A payment mechanism where a fixed


rate, whether per person, family, household or group,
is negotiated with a health care provider who shall be
responsible for delivering or arranging for the delivery
of health services required by the covered person
under the conditions of a health care provider
contract.
CONTRIBUTION - The amount paid by or in behalf of
a member to the Program for coverage, based on
salaries or wages in the case of formal sector
employees, and on household earnings and assets,
in the case of the self-employed, or on the other
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criteria as may be defined by the Corporation in
accordance with the guiding principles set of this Act.

PENSIONER - An SSS or GSIS member who


receives pensions therefrom.

DEPENDENT - The legal dependents of a member


are:
1. the legitimate spouse who is not a member
2. the unmarried and unemployed legitimate,
legitimated, illegitimate, acknowledged children
as appearing in the birth certificate; legally
adopted or stepchildren below 21 years of age
3. children who are 21 years old and above who are
suffering from congenital disability, either
physical or mental, or any disability acquired that
renders them totally dependent on the member
for support
4. the parents who are 60 years old or above whose
monthly income is below an amount to be
determined by the Corporation in accordance
with the guiding principles set forth of this Act.

RETIREE - A member of the Program who has


reached the age of retirement or who was retired on
account of disability.

EMPLOYEE - Any person who performs services for


an employer in which either or both mental and
physical efforts are used and who receives
compensation for such services, where there is an
employer-employee relationship.
EMPLOYER - A natural or juridical person who
employs the services of an employee.
ENROLLMENT - The process to be determined by
the Corporation in order to enlist individuals as
members or dependents covered by the Program.
MEMBER - Any person whose premiums have been
regularly paid to the National Health Insurance
Program. He may be a paying member, an indigent
member or a pensioner/retiree member.
MEDICARE - The health insurance program currently
being implemented by the Philippine Medical Care
Commission. It consists of:
a. Program I, which covers members of the
SSS and GSIS including their legal
dependents; and
b. Program II, which is intended for those not
covered under the Program I
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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.

SELF-EMPLOYED - a person who works for himself


and is therefore both employee and employer at the
same time.
THE NATIONAL HEALTH INSURANCE PROGRAM
Purpose
1. To provide health insurance coverage and
ensure affordable, acceptable, available and
accessible health care services for all citizens of
the Philippines
2. To serve as the means for the healthy to help pay
for the care of the sick and for those who can
afford medical care to subsidize those who
cannot. (5)
Establishment
1. Include sustainable system of funds constitution,
collection, management and disbursement for
financing the availment of a basic minimum
package and other supplementary packages of
health insurance benefits by a progressively
expanding proportion of the population.
2. Limited to paying for the utilization of health
services by covered beneficiaries or to
purchasing health services in behalf of such
beneficiaries.
3. Prohibited from providing health care directly,
from buying and dispensing drugs and
pharmaceuticals, from employing physicians and
other professionals for the purpose of directly
rendering care, and from owning or investing in
health care facilities. (5)
Coverage
All citizens of the Philippines (6)
Enrollment
1. Beneficiaries shall be enrolled in order for them
to be placed under coverage that entitles them to
avail of benefits.
2. Enrollment process includes the identification of
beneficiaries,
issuance
of
appropriate
documentation specifying eligibility to benefits,
and indicating how membership was obtained or
is being maintained.
3. Enrollment shall proceed in accordance with
these specific policies:

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a. all persons currently eligible for benefits
under Medicare Program I, including SSS
and GSIS members, retirees, pensioners and
their dependents, shall immediately and
automatically be made members of the
National Health Insurance Program;
b. all persons eligible for benefits through health
insurance plans established by local
governments as part of Program II of
Medicare or in accordance with the
provisions of this Act, including indigent
members, shall also be enrolled in the
Program.
c. all persons eligible for benefits as members
of local health insurance plans shall also be
deemed to have enrolled in the Program.
Enrollment of persons who have no current
health insurance coverage shall be given
priority by the corporation; and
d. all persons eligible for benefits as members
of other government initiated health
insurance
programs,
community-based
health care organizations, cooperatives, or
private non-profit health insurance plans shall
be enrolled in the Program upon
accreditation by the Corporation (7)
Benefit Package
1. Inpatient hospital care:
a. room and board;
b. services of health care professionals;
c. diagnostic, laboratory, and other medical
examination services;
d. use of surgical or medical equipment and
facilities;
e. prescription drugs and biologicals; subject to
the limitations stated in Section 37 of this act
f. inpatient education packages
2. Outpatient care:
a. services of health care professionals;
b. diagnostic, laboratory and other medical
examination services;
c. personal preventive services; and
d. prescription drugs and biologicals; subject to
the limitations described in Section 37 of this
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3. Emergency and transfer services


4. Other health care services (10)
Excluded Personal Health Service
1. non-prescription drugs and devices;
2. outpatient psychotherapy and counseling for
mental disorders;

3. drug and alcohol abuse or dependency


treatment;
4. cosmetic surgery;
5. home and rehabilitation services;
6. optometric services;
7. normal obstetrical delivery; and
8. cost-ineffective procedures which shall be
defined by the Corporation. (11)
ENTITLEMENT TO BENEFITS
A. Requisites:
1. A member whose premium contributions for
at least 3 months have been paid within the 6
months prior to the first day of his or his
dependents' availment;
2. He can show that he contributes with
sufficient regularity; and
3. He is not currently subject to legal penalties
B. Monthly contributions need not be paid by the
following to be entitled to benefits:
1. Retirees and pensioners of the SSS and
GSIS prior to the effectivity of this Act
2. Members who reach the age of retirement
and have paid at least 120 monthly
contributions; and
3. Enrolled indigents (11)
GRIEVANCE SYSTEM
Members, dependents, or health care providers
of the Program who believe they have been
aggrieved by any decision of the implementors of the
Program, may seek redress of the grievance in
accordance with the provisions of this Article.
Grounds for Grievances
1. any violation of the rights of patients;
2. a willful neglect of duties of Program
implementors that results in the loss or nonenjoyment of benefits by members or their
dependents;
3. unjustifiable delay in actions on claims;
4. delay in the processing of claims that extends
beyond the period agreed upon; and
5. any other act or neglect that tends to undermine
or defeat the purposes of this Act. (40)
Grievance and Appeal Procedure
A. Who may file complaint
1. Member,
2. Dependent, or
3. Health care provider
B. Procedure
1. A complaint for grievance must be filed with
the Local Health Office (LHO)
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2. LHO shall rule on the complaint within 90
calendar days from receipt
3. Appeals from LHO decisions must be filed
with the Board within 30 days from receipt of
notice of dismissal or disallowance by the
Office
C. LHO has NO jurisdiction over any issue involving:
1. suspension or revocation of accreditation
2. imposition of fines, or
3. imposition of charges on members or their
dependents in case of revocation of their
entitlement.
D. All decisions by the Board as to entitlement to
benefits of members or to payments of health
care providers shall be considered final and
executory
E. Hearing Procedures of Grievance and Appeal
Review Committee (GARC)
1. Upon the filing of the complaint, GARC may
dismiss the case outright due to lack of
verification, failure to state the cause of
action, or any other valid ground for dismissal
of the complaint after consultation with the
Board; or require the respondent to file a
verified answer within 5 days from service of
summons.
2. Should the defendant fail to answer the
complaint within the reglamentary five-day
period, GARC, motu proprio or upon motion
of the complainant, shall render the
judgment.
3. After an answer is filed and the issues are
joined, GARC shall require the parties to
submit, within 10 days from receipt of the
order, the affidavits of the witnesses and
other evidence on the factual issues defined
therein, together with a brief statement of
their positions setting forth the law and the
facts relied upon by them. In the event GARC
finds, upon consideration of the pleadings,
the affidavits and other evidence, and
position statements submitted by the parties,
that a judgment may be rendered thereon
and a hearing, it may
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proceed to render
not later 10 days
from the submission of the position
statements of the parties
4. In cases where GARC deems it necessary to
hold a hearing to clarify specific factual
matters before rendering judgment, it shall
set the case for hearing for the purpose. At
such hearing, witnesses whose affidavits
were previously submitted may be asked

clarificatory questions by the proponent and


by the Committee and may be crossexamined by the adverse party. The hearing
shall be terminated within 15 days, and the
case decided by the Committee within15
days from such termination.
5. The decision of GARC shall become final
and executory 15 days after notice thereof
6. Such decision is appealable to the Board by
filing the appellant's memorandum of appeal
within 15)days from receipt of the copy of the
judgment appealed from. The appellees shall
be given15 days from notice to file the
appellee's memorandum after which the
Board shall decide the appeal within 30 days
from the submittal of the said pleadings.
7. The decision of the Board shall also become
final and executory 15 days
Such decision is reviewable by the Supreme Court on
purely questions of law (41)

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all required documents shall be


certified under oath by the Secretary or
Treasurer & attested by the President
1 original copy and 2 duplicates copies
of all documents accompanying the
application or notice shall be submitted
to the Regional Office or the Bureau

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Independent Labor Organization


a. Registration Fee
b. Name of the applicant union, its
principal address, names and
addresses of its officers, 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;
c. Minutes of the organizational meeting;
list of workers who participated in the
meetings
d. Names of all its members comprising
at least 20% of all the employees in the
bargaining unit
e. Annual financial report if the applicant
has been in existence for one or more
years, unless it has not collected any
amount from the member, in which
case a statement to this effect shall be
included
f. Constitution and by-laws (CBL),
minutes of its adoption and ratification,
and the list of the members who
participated in it; (list of ratifying
members may be dispensed with
where the CBL was ratified or adopted
during the organizational meeting
factual circumstance of the ratification
shall be recorded in
the meeting)
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ANNEX A: Requirements for Registration

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

Federation / National Union


In addition to a, b, c, e and f of
the requirements for
Independent Union:
a. Resolution of affiliation
of at least 10 LLOs
whether independent
union or chartered
locals(all duly
recognized Collective
Bargaining agents)
b. Names and addresses
of the companies where
the affiliates operate
plus list all members in
each company involved

e.

d.

c.

a.
b.

Application for registration of


a workers association
operating in more than one
region shall be
accompanied, in addition to
the requirements in the
preceding subsection, by a
resolution of membership of
each member.

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

Must submit 2 copies.


Certified under oath by the
Secretary or the Treasurer of
the local/chapter and attested
by its President. (DO 40-B-03)

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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a. Resolution of the labor unions board of


directors approving the affiliation
b. minutes of the general membership
meeting approving the affiliation
c. total number of members and names of
members who approved the affiliation
d. certificate of affiliation issued by the
federation in favor of the independently
registered labor union
e. written notice to the employer
concerned if the affiliating union is the
incumbent bargaining agent

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

a. minutes of merger convention or


general membership meetings of all the
merging labor organizations with the list
of their respective members who
approved the same
b. amended constitution and by-laws and
minutes of its ratification, unless
transpired in the convention, which fact
shall be indicated

b.

a.

ANNEX B: Requirements in Case of Merger / Consolidation / Affiliation

REQUIREMENTS

a. minutes of consolidation convention of


all the consolidating labor organizations,
with the list of their respective members
who approved the same
b. amended constitution and by-laws,
minutes of its ratification transpired in the
consolidation convention or in the same
general membership meetings, which
fact shall be indicated accordingly

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

ANNEX C: Procedure for Registration of Labor Organization


Where to file

Regional Office

Bureau

labor union

(Action within 10 days from receipt of application)

Approval
- Issuance of certificate of
registration

Denial
Ground: Failure to comply with
requirements

Regional Office in case of


applications for registration of
independent unions.
Applications for registration of
federations, national unions or
workers association operating in
more that one region shall be filed
with the Bureau or Regional Offices
but shall be processed by the
Bureau.
A duly-registered federation or
national union may directly create a
chartered local by submitting the
required documents (See Annex A)
to the Regional Office. (DO 40-B-03)

If the documents submitted are


incomplete or do not contain the required
certification and attestation, The
Regional Office should notify the
applicant in writing within 5 days from
receipt of application.
The applicant must be given 30 days
from notice to complete the requirements
If applicant fails to complete the
requirements within 30 days, the
application shall be denied.

DENIAL BY:

Regional Office
(transmit records
within 24 hours from
receipt of Memo of
Appeal)

APPEAL BY MEMO OF APPEAL


WITHIN
10 DAYS FROM RECEIPT OF NOTICE

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

ANNEX D: Procedure for Cancellation of Registration of Labor Organizations

Any party-in-interest may commence


a petition for cancellation

Members of labor
organization for actions
involving violations of Art.
241

File independent complaint


or petition for cancellation
based on the grounds

Bureau Director in case of


federations, national or
industry unions and trade
union centers

Regional Director in case of


independent labor union,
chartered local and
workers' association

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;
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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.

Notice and Due Process


f.

Resolved by Regional
Director like the procedure
of Inter/Intra-Union Disputes
(Rule XI)

g.

h.

i.

j.

k.

Acting as a labor contractor or


engaging in the "cabo" system, or
otherwise engaging in any activity
prohibited by law;
Entering into collective bargaining
agreements which provide for terms
and conditions of employment
below minimum standards
established by law;
Commission of any of the acts
enumerated under Article 241 of the
Labor Code; provided that no
petition for cancellation based on
this ground may be granted unless
supported by at least thirty (30%)
percent of all the members of the
respondent labor organization;
Asking for or accepting attorney's
fees or negotiation fees from the
employer;
Other than for mandatory activities
under the Labor Code, checking off
special assessments or any other
fees without duly signed individual
written authorizations of the
members;
Failure to submit list of individual
members to the Bureau once a year
or whenever required by the
Bureau;
Failure to comply with the
requirements of registration
prescribed under Rules III and IV

ANNEX E: Cancellation of Registration of Labor Organizations due to Non-Compliance with the


Reportorial Requirements

Labor Relations Division of the


Regional Office or the Bureau
a) on its own initiative
b) upon complaint filed by
any party-in-interest

Make a report of the labor


organizations non-compliance

Submit to the Bureau for


verification of records

Conditions for administrative


cancellation:
(a) Non-compliance is for a continuous
period of five (5) years;
(b) The procedures laid down in this
Rule were complied with; and
(c) The labor organization concerned
has not responded to any of the
notices sent by the Bureau, or its
notices were returned unclaimed.

Bureau shall send a notice for compliance


by registered mail with return card to the
labor organization concerned
Within 10
days from
receipt

30 days from release of notice

No response from labor


organization

Comply with the reportorial


requirements and submit proof
thereof to the Bureau

No response within

30 days from release of 2nd notice

Bureau shall cause publication


of the notice of cancellation in
2 newspapers of general
circulation

Bureau may conduct investigation:


1) employers premises; and
2) labor organizations last
known address

Bureau has verified the dissolution of


the labor organization

No response w/in 30 days from


date of publication

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Bureau shall:
1) order cancellation of registration
2) cause its de-listing from the roster of
legitimate labor organizations

ANNEX F: Elections under Rule 12 Of The Implementing Rules

President of the labor


organization shall constitute a
committee on election

Within 60 days before the


expiration of the term of the incumbent

Committee shall elect its


Chairman

Committee shall exercise its powers 10 days


from its constitution
1) set the date, time and venue of the
election;
2) prescribe the rules on the qualification
and eligibility of candidates and voters;
3) prepare and post the voters list and the
list of qualified candidates;
4) accredit the authorized representatives of
the contending parties;
5) supervise the actual conduct of the
election and canvass the votes to ensure
the sanctity of the ballot;
6) keep minutes of the proceedings;
7) be the final arbiter of all election protests;
8) proclaim the winners; and
9) prescribe such other rules as may
facilitate the orderly conduct of election.

at least 30% of the members of the labor


organization may file a petition for conduct of
election of union officers with the Regional Office
if 1. Terms of officers have expired and officer
failed to call for election of new officers, or 2.
Labor organizations constitution and by-laws do
not provide for the manner by which election can
be called or conducted.
Petition to be heard by Bureau in case of
federations, national or industry unions, trade
union centers.

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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

Formal requirements, processes


and periods of disposition of this
disposition is the same as those
stated in Rule XI of DO 40-03
Inter/Intra Union Dispute.
Appointment of an election officer
and procedures and periods in
conduct of pre-election conference
and election proceedings under
Rule IX Conduct of Certification
Election will also apply here.

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


Serve written notice with
statement of proposals upon
the other party.

Reply not later than 10 days from receipt


Reply of other party
If differences arise on the basis of
notice and reply
Conference

If the dispute is not settled.


Board shall intervene, call
parties to conciliation
meetings

The recognized or certified labor union


and its employer may adopt such
procedures and processes they may
deem appropriate and necessary for
the early termination of their
negotiations.
They shall name their respective
representatives to the negotiation,
schedule the number and frequency of
meetings, and agree on wages,
benefits and other terms and
conditions of work for all employees
covered in the bargaining unit.

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Board shall have the power to


issue subpoenas to require
attendance to such meetings.
Board shall exert all efforts to
settle disputes amicably,
encourage parties to submit case
to voluntary arbitrator.
Parties are prohibited from doing
any act which may disrupt or
impede the early settlement of the
disputes.

ANNEX H: PETITION FOR CERTIFICATION ELECTION


Who may file?
any legitimate labor
organization
employer, when
requested to bargain
collectvely

File petition for


certification election

Raffle

Raffle dispensed with


If there is only 1 Med-arbiter

Service of notice of
preliminary conference

Preliminary Conference

Parties agree to a
consent election

Must be within 10 days from


Receipt of petition

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

may conduct such


number of hearings,
but hearings should
not exceed 15 days
from
preliminary hearing.

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

Grounds for Denying Petition


a. the petitioner is not listed in the Departments registry of legitimate labor unions
or that its legal personality has been revoked or cancelled with finality.
b. the petition was filed before or after the freedom period of a duly registered
collective bargaining agreement; provided that the sixty-day period based on
the original collective
bargaining
agreement shall not be affected by any
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c. the petition was filed within one (1) year from entry of voluntary recognition or a
valid certification, consent or run-off election and no appeal is pending;
d. a duly certified union has commenced and sustained negotiations with the
employer within the one-year period referred to in Section 14.c of this Rule, or
the bargaining deadlock existing had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or lockout.
e. in case of an organized establishment, failure to submit the twenty-five percent
(25%) support requirement for the filing of the petition for certification election.

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

within 10 days from receipt


of decision

Regional Director to transmit entire


records within 24 hours from
receipt of appeal to Office of
Secretary

Reply

reply may be filed by any party within 10


days from receipt of memorandum of
appeal.

Secretarys Decision

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Secretary shall have 15 days


from receipt of the entire
records to decide
Secretary decision final and
executory within 10 days from
receipt by the parties.
No motion for reconsideration
shall be entertained.
The entire records of the case
shall be remanded to the
Regional Office for
implementation within 48 hours
from notice of receipt of
decision.

ANNEX I: Conduct of Certification Election

Receipt of notice of entry of final


judgment granting the conduct of
certification election
24 hours
Regional Director shall cause the
raffle of the case to an Election
Officer
24 hours from receipt of the assignment
Failure to appear in the preelection conference
considered a waiver of right
to question any agreement
in the pre-election
conference. But nonappearing party retains the
right to be given notices of
subsequent pre-election
conferences

Election Officer shall cause the


issuance of notice of pre-election
conference upon the contending
unions and the employer

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.

Must be within 10 days from


receipt of the assignment
Must be completed within 3 days
from date of the first hearing

Must not be later than 45 days


from date of the first pre-election
conference

the election precincts shall open


and
close on the date and time agreed
upon during the pre-election
conference.

the opening and canvass shall


proceed immediately after the
precincts have closed.
The proclamation must be under any
of the ff. conditions:
1. no protest was filed or, even if
one was filed, the same was not
perfected within the five-day
period for perfection of the
protest.
2. no challenge or eligibility issue
was raised or, even if one was
raised, the resolution of the same
will not materially change the
results of the elections.

ANNEX J: Procedure in Handling Grievances

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

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


File complaint or petition

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.

Med-arbiter shall cause the


service of summons upon the
respondents.

Preliminary conference

Parties agree to amicable


settlement

Decision based on the


amicable settlement within 5
days from preliminary
conference.

within 10 days from receipt of the


complaint or petition

No amicable settlement

Proceed with stipulation of facts,


limitation of issues, clarificatory
questioning, submission of laws
and jurisprudence

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

Must appeal within 10


days from receipt of decision
Bureau Director

Office of the Secretary


May call parties to a clarificatory hearing

Bureau Director Decision

Must decide within 20 days


From receipt of records

Office of DOLE Secretary

Final and executory


If there is no appeal with 10 days
Bureau Director
Decision Final and
Executory

Only 1 MR allowed

Office of Secretary
Decision Final and
Executory

Records remanded to the


Regional Office or Bureau of origin
For implementation within 24 hours
From receipt of decision by the parties
and finality of decision

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.

Actions arising from 241 arising from


administration and accounting of union
funds

Other inter/intra-union disputes and


related labor relations disputes shall
be heard and resolved by the MedArbiter in the Regional Office.
A request for examination of books
of accounts of independent labor
unions, chartered locals and
workers associations (Art. 274)
6.

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.

Office of the DOLE Secretary

Court of Appeals

Supreme Court

ANNEX M: Republic Act No. 9347


An Act Rationalizing the Composition and Functions of the National Labor Relations Commission, Amending for
this Purpose Article 213, 214, 215 and 216 of P.D. No. 442, as Amended, Otherwise Known as the Labor Code of
the Philippines
Art. 213. National Labor Relations Commission
NLRC shall be attached to the DOLE solely for
program and policy coordination only, composed
of a Chairman and 23 members.
8 members shall be chosen only from the
nominees of the workers and employers
organizations respectively. The Chairman and 7
remaining members shall come from the public
sector, with the latter to be chosen preferably
from among the incumbent labor arbiters.
NLRC may sit en banc or in 8 divisions, with 3
members each.
En banc only for purposes of promulgating
rules and regulations governing the hearing and
disposition of cases before any of its divisions
and regional branches and formulating policies
affecting its administration and operations
Divisions when in the exercise of its
adjudicatory and all other powers, functions and
duties
1st 6th divisions Luzon & NCR
7th & 8th Visayas and Mindanao
NLRC sitting en banc may, on temporary or
emergency basis, allow cases within the
jurisdiction of any division to be heard and
decided by any other division whose docket
allows the additional workload and such transfer
will not expose litigants to unnecessary additional
expenses. The divisions of the NLRC shall have
exclusive appellate jurisdiction over cases within
their respective territorial jurisdiction.
The concurrence of 2 Commissioners of a
division
shall
be
necessary
for
the
pronouncement of a judgment or resolution.
Whenever the required membership in a division
is not complete and the concurrence of 2
Commissioners to arrive at a judgment or
resolution cannot be obtained, the Chairman
shall designate such number of additional
Commissioners from the other divisions as may
be necessary.
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consultation before the case is assigned to a
member for the writing of the opinion. It shall be
mandatory for the division to meet for purposes
of the consultation ordained therein.
Art. 214. Headquarters, branches and provincial
extension units
Offices of 1st 6th Divisions Metro Manila
7th Division Cebu

8th Division Cagayan de Oro


The Commission shall establish as many regional
branches as there are regional offices of the
DOLE, sub-regional branches or provincial
extension units.
There shall be as many Labor Arbiters as may be
necessary for the effective and efficient operation
of the NLRC.

Art. 215. Appointment and qualifications


Chairman and other Commissioners members
of the Philippine Bar and must have been
engaged in the practice of law in the Philippines
for at least 15 years, with at least 5 years
experience or exposure in the field of labormanagement relations, and shall preferably be
residents of the region where they shall hold
office
LAs members of the Philippine Bar and must
have been engaged in the practice of law in the
Philippines for at least 10 years, with at least 5
years experience or exposure in the field of labormanagement relations
Term hold office during good behavior until the
age of 65 years, unless sooner removed for
cause as provided by law or become
incapacitated to discharge duties of their office
But the President may extend the services of the
Commissioners and LAs up to the maximum of
70 years upon the recommendation of the
Commission en banc.
Chairman, Division Presiding Commissioners and
other Commissioners appointed by the
President. Appointment to any vacancy in a
specific division shall come only from the
nominees of the sector which nominated the
predecessor.
LAs appointed by the President, upon
recommendation of the Commission en banc to a
specific arbitration branch, preferably in the
region where they are residents, and shall be
subject to the Civil Service Law, rules and
regulations. Provided, that the labor arbiters who
are presently holding office in the region where
they are residents shall be deemed appointed
thereat.
Chairman and the Commissioners, shall appoint
the staff and employees of the Commission, and
its regional branches as the needs of the service
may require, subject to the Civil Service Law,
rules and regulations, and upgrade their current

salaries, benefits and other emoluments in


accordance with law.
Art. 216. Salaries, benefits and other emoluments
Chairman and Commissioners shall have the
same rank, receive an annual salary equivalent
to, and be entitled to the same allowances,
retirement and benefits as, those of the Presiding
Justice and Associate Justices of the Court of
Appeals, respectively.

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LAs shall have the same rank, receive an annual


salary equivalent to and be entitled to the same
allowances, retirement and other benefits and
privileges as those of RTC Judges.
In no case, however, shall the provision of this
Article result in the diminution of the existing
salaries, allowances and benefits of the
aforementioned officials.

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


Suppletory Application of the Rules of Court
Pertinent provisions of the Rules of Court have a
suppletory application in the absence of an
applicable provision thereto in the interest of
expeditious dispensation of labor justice.
Appearances
A lawyer appearing for a party is presumed
authorized to appear for such purpose.
A non-lawyer may appear or counsel in the
proceedings only under the following conditions:
a. He represents himself as party to the case
b. He represents a LLO which is a party case,
provided that he represents a certification
from the BLR or Regional Office of the DOLE
attesting that his organization duly registered
and listed in the roster of legitimate labor
organizations, together with a verified
certification issued by the secretary and
attested by the president of the labor
organization stating that he is duly authorized
to represent the organization in the case and
a copy of the board resolution granting him
such authority
c. He represents a member or members of a
LLO
existing
within
an
employers
establishment which is a party to the case
provided that he present a verified
certification proving his authority from such
member / members and verified certification
issued by the secretary and attested by the
president of such organization stating that
the person/s he is representing are members
of the organization which is existing in the
employers establishment
d. He is a duly accredited member of a legal aid
office recognized by the DOJ and the IBP
upon presentation of his accreditation
e. He is the owner or president of the
corporation which is party to the case upon
presentation of a verified certification of his
authority and a board resolution of the
corporation granting him such authority.
Pleadings
Prohibited pleadings:
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a. Motion to
dismiss
(except
are
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of jurisdiction over the subject matter,
improper venue, prescription and forumshopping)
b. Motion for a bill of particulars
c. Motion for new trial
d. Petition for relief from judgment when filed
with the LA
e. Petition for certiorari, mandamus or
prohibition

f. Motion to declare defendant in default


g. Motion for reconsideration or appeal from
any interlocutory order of the LA
Denial of MTD is not appealable
Certificate of Non-Forum Shopping is required
Verification lawyer can sign verification but not
the certificate of non-forum shopping

Venue
All cases within the jurisdiction of the LA to hear
and decide may be filed with the 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.

LA has full control and shall personally conduct


the hearing / clarificatory conference.

pertaining to the appealed case shall thereafter


be addressed to and filed with the Commission.

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


Social Security Act of 1997
(RA 8282)
WHO ARE
COVERED

DEPENDENTS

CONDITIONS FOR
CHILD TO BE
CONSIDERED
DEPENDENT
BENEFICIARIES
1. PRIMARY

2. SECONDARY

3. OTHERS

BENEFITS

Government Service Insurance Act of


1997
(RA 8291)
1. EMPLOYER the national
government, its political subdivisions,
branches, agencies or
instrumentalities, including GOCCs,
and financial institutions with original
charters, the constitutional
commissions and the judiciary
2. EMPLOYEE any person receiving
compensation while in service of an
employer as defined herein, whether
by election or appointment

1. EMPLOYER any person, natural or


judicial, domestic or foreign who
carries on in the Philippines any trade,
business, industry undertaking or
activity of any kind and uses the
services of another person who is
under his orders as regards
employment 8(c)
*EXEMPT EMPLOYER: government
and any of its political subdivisions,
branches and instrumentality, including
GOCCs, i.e., those under GSIS
2. EMPLOYEE any person who
performs services for an employer who
receives compensation for such
services, where there is an employeremployee relationship
3. SELF-EMPLOYED considered both
employer and employee
1. Legal spouse entitled for support;
2. Child, whether legitimate, legitimated, legally adopted or illegitimate;
3. Parents dependent for support
1. Unmarried;
2. Not gainfully employed;
3. Has not reached 21 years of age; OR
3. Not over age of majority; OR
4. Incapable of supporting himself either physically or mentally prior to 21 years of age or
age of majority, as the case may be
a. Dependent Spouse until remarriage
AND
b. Dependent Legitimate or Legitimated
or Legally Adopted and Illegitimate
Children

a. Legal, Dependent Spouse until


remarriage AND
b. Dependent Children

a. Dependent Parents
b. Absent primary and secondary
beneficiaries, any other person
designated by member as secondary
beneficiary

a. Dependent Parents AND


b. Legitimate descendants subject to
restrictions on dependent children,
legitimate descendants

As to DEATH BENEFITS, if no beneficiary


qualifies under the Act, benefits shall be
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Legal
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are needeof
1. Monthly Pension
2. Dependents Pension
3. Retirement
4. Death
5. Permanent Disability
6. Funeral
7. Sickness
8. Maternity (ONLY 1ST FOUR
DELIVERIES OR MISCARRIAGES)

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

a. All employees not over sixty (60)


years of age and their employers;
compulsory coverage of the employer
shall take effect on the first day of his
operation and that of the employee on
the day of his employment
b. Self-employed persons as may be
determined by the Commission under
such rules and regulations as it may
prescribe, including, but limited to: all
self-employed professionals; partners
and single-proprietors of business;
actors and actresses, directors,
scriptwriters and news correspondents
not employees; professional athletes,
coaches, trainers and jockeys, and
individual farmers and fishermen; upon
their registration with the SSS
c. Domestic helpers sixty years of age
and below with a monthly income of
not less than P1,000 on the date of
their employment
d. Individual farmers and fishermen
under SSS rules and regulations

A. Life Insurance ONLY ALL TAX


EXEMPT
COMPULSORY for all employees receiving
compensation who have not reached
compulsory retirement age, irrespective of
employment status

a. Filipinos recruited by foreign-based


employers for employment abroad
b. Employee separated from
employment to maintain his right to
full benefits
c. Self-employed who realizes no
income for a certain month
d. Spouses who devote full time to
managing household and family affairs
unless specifically mandatorily covered

*By Arrangement: Any foreign government,


international organization or wholly owned
instrumentality employing workers in the
Philippines or employing Filipinos outside
the Philippines may enter agreement with
Philippines for inclusion of such employees
in SSS EXCEPT those already covered by
their respective civil service retirement
Qsystem.
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EXCEPTIONS are needed1.
Employment
purely casual and not
FROM
for purpose occupation, or business
COVERAGE
employer
2. Service performed on or in connection
with alien vessel, if employed when
such vessel is outside of Philippines
3. Employees of Philippine government
or instrumentality or agency thereof
4. Service performed in the employ of a
foreign government, or international

1. Members of the AFP


2. Members of the PNP
3. Contractual employees, who have no
employer-employee relationship with
the agency to serve
4. Members of judiciary and
constitutional commissions: covered
by life insurance only

COMPENSATION

BASIS OF CLAIM

EFFECTS OF
SEPARATION
FROM
EMPLOYMENT

organizations, or wholly owned


instrumentality employing workers in
the Philippines or employing Filipinos
outside of the Philippines
5. Services performed by temporary
employees and other employees
excluded by SSS regulation;
employees of bona fide independent
contractors shall not be deemed
employees of the employer engaging
the services of an independent
contractor
All actual renumeration for employment,
including the mandated cost-of-living
allowance, as well as the cash value of any
renumeration paid in any medium other
than cash except that part of the
renumeration in excess of the maximum
salary credit
Non-work connected disability, sickness,
maternity, death and old age and other
contingencies resulting in loss of income or
financial burden (sec. 2)

The basic pay or salary received by an


employee, pursuant to his
election/appointment, excluding per diems,
bonuses, overtime pay, honoraria,
allowances and any other emoluments
received in addition to the basic pay
Work-connected exempt from liability where
permanent disability due to his grave
misconduct, habitual intoxication, or willful
intention to kill himself or another (sec. 1517)
A member separated from the service shall
continue to be a member, and shall be
entitled to whatever benefits he has
qualified to in the event of any contingency
compensable under this Act

1. Employers contribution on his account


ceases
2. Employees obligation to contribute
also ceases at the end of the month of
separation
3. Employee shall be credited with all
contributions paid on his behalf and
entitled to benefits according to the
provisions of this Act
REPORTING
Employer:
A. Employer:
Report immediately to SSS the names, Report to GSIS the names, employment
REQUIREMENTS
ages, civil status, occupations, salaries status, positions, salaries of the employee
and such other matter as determined by the
and dependents of all his covered
GSIS
employees
B. Self-employed:
Report to SSS within 30 days from the
first day of his operation, his name,
age, civil status, occupation, average
monthly net income and his
dependents
FUNDING
1. Employers contributions
2. Employees/members contributions
EXEMPTION
Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all
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benefitsandpaid
by SSS or GSIS shall likewise be exempt from taxes, assessments, fees,
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PROCESS/LIEN are needecharges,
and duties of all kind
DISPUTE
Dispute arising from:
Any dispute arising under this Act and other
1. Coverage
SETTLEMENT
laws administered by GSIS
2. Benefits
3. Contributions
Jurisdiction: GSIS
4. Penalties
5. Any matters related thereto
When decision made: 30 days from receipt
of the hearing officers findings and
Jurisdiction: Social Security Commission
recommendations or 30 days after
submission for decision

When decision made: Mandatory period of


20 days from submission of evidence

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

4 years from date of contingency

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