TABLE 1: RELIEFS IN CASE OF TERMINATION WITHOUT PRIOR NOTICE

IN CASE OF DISMISSAL FOR JUST CAUSE UNDER ART. 282

a.
b.
c.
d.

no reinstatement
payment of full backwages from the time his employment was terminated
until it is determined that the termination of employment is for a just cause
not entitled to termination/ separation pay
but without prejudice, however, to whatever rights, benefits and privileges
he may have under the applicable individual or collective bargaining
agreement with the employer or voluntary employer policy or practice

IN CASE OF DISMISSAL FRO AUTHORIZED CAUSE UNDER ART. 283

a.
b.
c.

no reinstatement
payment of full backwages from the time his employment was terminated until it is determined that the
termination of employment is for a just cause
separation pay
when the cause of termination is either installation of labor-saving devices, redundancy or disease---one
month pay or at least one month pay for month for every year of service, whichever is higher when the cause
of termination is either retrenchment, closure or cessation of operations --- one month pay or at least month
pay for every year of service, for every year of service

TABLE 2: JURSDICTION IN LABOR DISPUTES

NATIONAL LABOR
RELATIONS
COMMSISSION

LABOR ARBITER

BUREAU OF LABOR
RELATIONS/MED-ARBITER

REGIONAL DIRECTOR

2003

SECRETARY OF LABOR

VOLUNTARY
ARBITRATORS

1.

2.

exclusive
appellate
jurisdiction over all
cases decided by Labor
Arbiters
Art. 263 (g) cases
certified to it by the
Secretary of Labor for
compulsory arbitration

Except as otherwise provided

under the Labor Code, the Labor
Arbiters shall have original and
exclusive jurisdiction to hear and
decide, within thirty (30) calendar
days after the submission of the
case by the parties for decision
without extension, even in the
absence of stenographic notes,
the following cases involving all
workers, whether agricultural or
non-agricultural:
1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim
for reinstatement, those cases
that workers may file involving
wages, rate of pay, hours of work
and other terms and conditions
of employment;
4. Claims for actual, moral,
exemplary and other forms of
damages arising from the
employer-employee relations;
5. Cases arising from any
violation of Article 264 of this
Code,
including
questions
involving the legality of strikes
and lockouts; and
6. Except claims for Employees
Compensation, Social Security,
Medicare and maternity benefits,
all other claims arising from
employer-employee
relations,
including those of persons in
domestic or household service,
involving an amount exceeding
five thousand pesos (P5,000.00),
whether or not accompanied with
a claim for reinstatement.
cases
arbitration

for

Quasi-judicial Functions:
1. all inter-union conflicts;
2. all intra-union conflicts;
3. all disputes or problems
arising from or affecting
labor management relations
in all workplaces, except
those arising from the
implementation
or
interpretation of CBAs

Quasi-judicial Functions:
1. all inter-union conflicts;
2. all intra-union conflicts;
3. all disputes or problems
arising from or affecting
labor management relations
in all workplaces, except
those arising from the
implementation
or
interpretation of CBAs

Administrative Functions:1
1. regulation of registration of
labor unions;
2. keeping of a registry of labor
unions;
3. maintenance of a file of
CBAs

Administrative Functions:
1. regulation of registration of
labor unions;
2. keeping of a registry of labor
unions;
3. maintenance of a file of
CBAs
Art. 128
--- Visitorial and enforcement power
Art. 129
--- Recovery of wages, simple money
claims and other benefits; Provided,
that such complaint does not include a
claim for reinstatement; Provided
further, that the aggregate money
claim does not exceed Five Thousand
Pesos (P5,000.00)
Art. 274
--- visitorial power

compulsory

2003

Labor Standards:
1. pre-employment
Art. 14 --- employment promotion
(a) To organize and establish new
employment offices in addition to the existing
employment offices under the Department of Labor as
the need arises;
(b) To organize and establish a
nationwide job clearance and information system to
inform applicants registering with a particular
employment office of job opportunities in other parts of
the country as well as job opportunities abroad;
(c) To develop and organize programs
that will facilitate occupational, industrial and
geographical mobility of labor and provide assistance in
the relocation of workers from one area to another; and
(d) To require any person, establishment, organization or
institution to submit such employment information as
may be prescribed by the Secretary of Labor.
Art. 35--Suspension and/or cancellation of license or
authority to recruit employees for overseas employment
for violation of rules and regulations issued by the
Secretary of Labor, the Overseas Employment
Development Board, and the National Seamen Board, or
for violations of the provisions of this and other
applicable laws, General Orders and Letters of
Instructions.
Art. 36.--Regulatory power The Secretary of Labor
shall have the power to restrict and regulate the
recruitment and placement activities of all agencies
within the coverage of this Title and is hereby authorized
to issue orders and promulgate rules and regulations to
carry out the objectives and implement the provisions of
this Title.
Art. 37--Visitorial power. The Secretary of Labor or
his duly authorized representatives may, at any time,
inspect the premises, books of accounts and records of
any person or entity covered by this Title, require it to
submit reports regularly on prescribed forms, and act on
violations of any provision of this Title.
Art. 128--Visitorial and enforcement power
Art. 129-- Recovery of wages, simple money claims
and other benefits; Provided, that such complaint does
not include a claim for reinstatement; Provided further,
that the aggregate money claim does not exceed Five

1. grievances arising from the

interpretation
or
implementation
of
the
Collective
Bargaining
Agreement, except violations
of the CBA which are gross in
character
2. grievances arising from the
interpretation or enforcement
of
company
personnel
policies
3. upon agreement of the
parties, al other labor
disputes including unfair
labor
practices
and
bargaining deadlocks

Thousand Pesos (P5,000.00)

Labor Relations
1. Art. 263 (g)--When in his opinion, there exists a labor
dispute causing or likely to cause a strike or lockout in
an industry indispensable to the national interest, the
Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it or certify the
same to the NLRC for compulsory arbitration
2. Art. 274--visitorial power
3. appellate jurisdiction

TABLE 3: REQUIREMENTS FOR REGISTRATION OF LABOR ORGANIZATIONS and WORKERS ASSOCIATION

INDEPENDENT UNION
a.

b.

c.

d.

e.

The names of its officers, their addresses, the

principal address of the labor organization, the
minutes of the organizational meetings and
the list of workers who participated in such
meetings;
The number of employees and names of all its
members comprising at least twenty percent
(20%) o f all its employees in the bargaining
unit where it seeks to operate;
If the applicant union has been in existence for
one or more years, two copies of its annual
financial reports, unless it has not collected
any amount from the members, in which case
a statement to this effect shall be included in
the application;
Four copies of its constitution and by-laws,
minutes of its adoption or ratification, and the
list of the members who participated in it.
However, the list of ratifying members shall be
dispensed with where the constitution and bylaws was ratified or adopted during the
organizational meeting;
Registration fee of P50.00

FEDERATION OF NATIONAL UNION

a.

b.

c.

d.

e.

The names of its officers, their addresses,

the principal address of the labor
organization,
the
minutes
of
the
organizational meetings and the list of
workers who participated in such
meetings;
If the applicant union has been in existence
for one or more years, two copies of its
annual financial reports, unless it has not
collected any amount from the members,
in which case a statement to this effect
shall be included in the application;
Four copies of its constitution and by-laws,
minutes of its adoption or ratification, and
the list of the members who participated in
it. However, the list of ratifying members
shall be dispensed with where the
constitution and by-laws was ratified or
adopted during the organizational meeting;
The resolution of affiliation of at least ten
(10) locals/ chapters or affiliates, each of
which must be a duly certified bargaining
representative in the establishment where
it seeks to operate;
The names and addresses of the

2003

INDUSTRY/ TRADE UNION

a.

The list of its member organizations and their

respective presidents and, in the case of an
industry union, the industry where the union
seeks to operate;
b. The resolution of membership of each member
organization, approved by the Board of Directors
of such union;
c. The name and principal address of the applicant,
the names of its officers and their addresses, the
minutes of its organizational meeting/s, and the
list of member organizations and their
representatives who attended such meeting/s;
d. A copy of its constitution and by-laws and
minutes of its ratification by a majority of the
presidents of the member organizations,
provided that where the ratification was done
simultaneously with the organizational meeting, it
shall be sufficient that the fact of ratification be
included in the minutes of the organizational
meeting.

WORKERS ASSOCIATION
a.

b.
c.

The names of its members, their

addresses, the principal office of
the applicant, the minutes of its
organizational meeting/s, and the
names of its individual members
who attended such meeting/s;
A copy of its constitution and bylaws, duly ratified by a majority of
its individual members;
In the case of any grouping of
workers
associations,
the
requirements for registration of an
industry/ trade union shall apply.

companies where the locals/ chapters or

affiliates operate and the list of all the
members in each company involved
Registration fee of P50.00

TABLE 4:

KINDS OF ULP

2003

ULP of Employers
1.
2.
3.
4.
5.

6.
7.
8.
9.

ULP of Legitimate Labor Organizations

To interfere with, restrain or coerce employees in the exercise of their right to selforganization;
To require as a condition for employment that a person or an employee shall not join a labor
organization or shall withdraw from one to which he belongs;
To contract out services or functions being performed by union members when such will
interfere with, restrain or coerce employees in the exercise of their right to self-organization;
To initiate, dominate, assist or otherwise interfere with the formation or administration of any
labor organization, including the giving of financial or other support to it or its organizers or
officers;
To discriminate in regard to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in
a recognized collective bargaining agent as a condition for employment, except of those
employees who are already members of another union at the time of the signing of the
collective bargaining agreement. Employees an appropriate collective bargaining unit who
are not members of the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members of the recognized
collective bargaining agent, if such non-union members accept the benefits under the
collective agreement: Provided, That the individual authorization required under Article 242,
paragraph (o), of this Code shall not apply to the non-members of the recognized collective
bargaining agent;
To dismiss, discharge or otherwise prejudice or discriminate against an employee for having
given or being about to give testimony under this Code;
To violate the duty to bargain collectively as prescribed by this Code;
To pay negotiation or attorneys fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; or
To violate a collective bargaining agreement.

1.
2.
3.
4.
5.

6.
7.
8.
9.

To interfere with, restrain or coerce employees in the exercise of their right to selforganization;
To require as a condition for employment that a person or an employee shall not join a labor
organization or shall withdraw from one to which he belongs;
To contract out services or functions being performed by union members when such will
interfere with, restrain or coerce employees in the exercise of their right to self-organization;
To initiate, dominate, assist or otherwise interfere with the formation or administration of any
labor organization, including the giving of financial or other support to it or its organizers or
officers;
To discriminate in regard to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment, except of those
employees who are already members of another union at the time of the signing of the
collective bargaining agreement. Employees an appropriate collective bargaining unit who
are not members of the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members of the recognized
collective bargaining agent, if such non-union members accept the benefits under the
collective agreement: Provided, That the individual authorization required under Article 242,
paragraph (o), of this Code shall not apply to the non-members of the recognized collective
bargaining agent;
To dismiss, discharge or otherwise prejudice or discriminate against an employee for having
given or being about to give testimony under this Code;
To violate the duty to bargain collectively as prescribed by this Code;
To pay negotiation or attorneys fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; or
To violate a collective bargaining agreement.

TABLE 5: STAGES OF THE COLLECTIVE BARGAINING PROCESS

Stage 1

Stage 2

Stage 3

2003

ORGANIZATION-REPRESENTATIONAL

BARAGAINING PROPER

CONTRACT ADMINISTRATION

Normal course:
Formation and registration of union
Request and grant of voluntary recognition; or
Petition for certification/ consent election
Determination of election constituency or collective
bargaining unit
Holding of election
Certification of exclusive bargaining representative

Normal course:
Bargaining preparations
Presentation of proposals and counter-proposals
Bargaining on specific mandatory or nonmandatory
items
Conclusion of negotiations; signing
Ratification
Registration of CBA

Normal Course:
Implementation of CBA provisions
CBA questions submitted o and resolved through grievance machinery or
voluntary arbitration
Renegotiation on second or third year of non-representational provisions
Freedom period on the fifth year; holding of election to resolve employee
representation

Detour/ Deviation:
Election protest
Appeal to Labor secretary
Certiorari in Court of Appeals
Strike because of union busting or other ULP by
employer
Third-party intervention: conciliation-mediation or
arbitration

Detour/ Deviation:
Strike/ lockout because of bargaining deadlock or ULP
in bargaining
Third-party intervention: conciliation-mediation or
arbitration

Detour/ Deviation:
Strike because of gross violation of CBA economic provisions
Third-party intervention: conciliation-mediation or arbitration

2003