Anda di halaman 1dari 4


By: Atty. Rhoan Louiege B. Belgira

Very Important Points! (As may be found in your previous lecture note)
B. Just Causes under Article 282 and Dismissal Procedure
C. Authorized Causes under Article 283 and 284 and the Notice Requirements
D. Separation Pay
E. Differentiation of Just and Authorized Causes
The Concept of Security of Tenure
Regular employees may only be terminated for just and/or authorized causes as provided for by
law. For non-regular employees, while they do not fully enjoy the right to security of tenure, nevertheless,
their dismissal must at all times have a legal cause. Aptly put therefore, security of tenure is that right of
every employee not to be dismissed from service except for a valid reason and by observing the proper
Important Terms in Termination of Employment:
1. Aries Principle it states that acts done or committed outside the office or workplace may
still be a ground for the termination of employment if the cause thereof is work-connected.
2. Company policy on PROHIBITED RELATIONSHIP/S a company policy that prohibits
its employee from having a romantic relationship with an employee of a competitor company is
considered a valid exercise of management prerogative to protect trade and business secrets.
3. Transfer Orders
- An employee who chose to disobey a transfer order does so at his own peril.
- If a transfer would mean that an employee gets promoted, the consent of the employee
concerned is necessary.
- Blue Dairy Doctrine the transfer must not be unreasonable, inconvenient and
prejudicial to the employee, nor should it involve demotion in rank or diminution of salaries,
privileges and benefits.
4. Preventive Suspension the employer may place the employee subject of investigation on
preventive suspension for a maximum period of thirty (30) days for the following reasons ONLY:
Serious threat to Employers life or property or of the co-workers. (NOTE HOWEVER, that the
period of preventive suspension may be extended by the employer provided he informs the
employee and that the employee is paid indemnity).

Constructive Dismissal while the employer did not outrightly dismissed the employee, by
the acts of the former, it is as if the employee has been dismissed. For instance, invalid transfer,
preventive suspension for more than 30 days at any one time.
- End of Labor Standards Law -


Labor Relations Law, defined
Labor relations law is that branch of labor law that defines the status, rights and duties, as well as
the institutional mechanisms that govern the individual and collective interactions between employers,
employees and their representatives.
Right to Self-Organization

Right of every employee, even temporary ones, except managerial employees, to join any
organization or association, beginning on his first day of work. All employees, except managerial
employees, are eligible for union membership.
Important Concepts:
a. Labor Organization Any union or association of employees in the private sector which
exists in whole or in part for the purpose of collective bargaining or for dealing with
employers concerning terms and conditions of employment. THE EXISTENCE OF
Absence of such relationship affects the legality of the union itself.
b. Legitimate Labor Organization any labor organization in the private sector reported or
registered with the Department of Labor and Employment
c. Workers Association an association of workers organized for the mutual aid and protection
of its members or for any legitimate purpose other than collective bargaining
d. Legitimate Workers Association any workers association registered with the Department
of Labor and Employment.
Creation and Registration Methods
A union at the enterprise level may be created either by:
A. Independent registration. Independent registration is obtained by the union organizers in an
enterprise through their own action. The union thus created and registered has a legal personality
of its own and is called an independent union. But it may affiliate with any federation, national or
industry union, in which case it may also be called an affiliate.
B. Chartering. Chartering takes place when a duly-registered federation or national union issues a
charter to a union in an enterprise and registers the charter with the DOLE Regional Office or the
Bureau of Labor Relations. The union recipient of the charter is called a chapter, local or
chartered local. It has no legal personality of its own as long as it has not availed himself of
independent registration. The charter certificate issued by the federation or national union,
together with supporting documents evidencing the establishment of such local/chapter, is filed
with the DOLE regional office.
Application for Registration
A. For independent unions, chartered locals and workers association filed with the Labor
Relations Division of the DOLE Regional Office where the union principally operates
B. For federations and national unions filed with and processed by the national office of the
Bureau of Labor Relations but the application is received at the regional offices.
C. Action The Bureau shall act on all application (grant or deny) for registration within 30 days
from filing. All requisite documents and papers shall be certified under oath by the secretary or
the treasurer of the organization, as the case may be, and attested to by the president. REMEDY
WHEN THE APPLICATION IS DENIED Appeal! If the BLR denies the application of a
national union or federation, appeal to the Secretary of DOLE, and if still denied, appeal to the
Court of Appeals, and if still denied, to the Supreme Court. If the regional office of the DOLE
denies the application for registration of an independent union, appeal to the Bureau of Labor
Relations, if still denied to the Court of Appeals, and if still denied, to the Supreme Court.
Registration Requirements
A. Independent Union Article 234 of the Labor Code
B. Charter Article 235 of the Labor Code
C. Federation or National Union Article 234 and 237 of the Labor Code
20% of the Bargaining Unit

A bargaining unit refers to a group of employees that share mutual interest within a given
employer unit, comprised of all, or less than all of the entire body of employees in the employer unit or
any specific occupational or geographical grouping within such employer unit. A unit is not the same as a
NOTE: Within one unit, there could be several unions, but only one union may act as the
bargaining representative of the whole unit. Rivalry with respect to representation is resolved through an
REPRESENTATIVE. NOTE: supervisors and rank-and-file employees should constitute separate units!
Importance of distinctions (CBU versus Union)
a. In a certification election, the voters are from the collective bargaining unit, whether union or
non-union members
b. In strike voting, the voters are ONLY the members of the union, not all of the unit.
c. In the ratification of the collective bargaining agreement, the voters are the unit, not just the
Effect of Revocation of the Charter by the Federation/National Union
The federation or national union may revoke the charter issued to the local or chapter.
A. Grounds: Disloyalty or such other grounds as may be specified in the constitution and by-laws
of the federation, national union.
B. How Made: The revocation is done by serving on the local or chapter a verified notice of
revocation, copy furnished the Bureau of Labor Relations
C. Effect: The revocation shall divest the local/chapter of its legal personality upon receipt of the
notice by the Bureau, unless the local has availed itself of independent registration.
Substitutionary Doctrine
It holds that the employees cannot revoke the validly executed collective bargaining contract with
their employer by the simple expedient of changing their bargaining agent.
Cancellation of Registration
WHO may file Any party in interest, except when what is involved are the rights and conditions
of membership in a labor organization under Article 241 of the Labor Code, in which case at least 30% of
the members should support. Employer is also a proper party on the grounds of lack of required
documents, unlawful composition of union membership, or lack of 20% support of the bargaining unit.
WHERE to file the petition Local, at DOLE Regional Office; Federation, with the BLR
ACTION by the DOLE/BLR Grant or deny the petition. When granted, the registration of the
labor organization is cancelled; when denied, registration continues.
EFFECT of cancellation the union shall no longer be a Legitimate Labor Organization
Voluntary Cancellation
A legitimate labor organization may file a petition to voluntarily cancel its registration, provided
that at least 2/3 of its general membership have agreed to such cancellation, and such petition has been
approved by the board of the organization and attested to by its president. (Article 239-A, Labor Code)
Equity of the Incumbent
All existing federations and national unions which meet the qualifications of a legitimate labor
organization and none of the ground for cancellation shall continue to maintain their existing affiliates
regardless of the nature of the industry and the location of the affiliates.
Union Constitution and By-Laws
This governs the relationship between and among union members. It cannot, however, disregard
the laws; such that, when what is provided for in the Union CBL is contrary to law (or some of the
provisions thereof), the said provision/s shall be considered invalid.

All the best! -Atty. Belgira