POQUIZ LECTURE
LABOR RELATIONS
CONSTITUTIONAL PROVISION
TYPES OF EMPLOYEES
1. Regular employees
Whether continuous of broken, so long as the employment is for more than one year, regular
employment.
Constant Rehiring, renewal of contract plus one year = regular employment
Necessary and desirable to the usual business or trade of the employer
Usual trade and business = main undertaking of the employer
Expiration of the training period
o Training Period
For Apprentice – not more than 6 months but not less than 3 months
Combo of Theoretical Instruction plus OJT(Practical application)
The apprenticeship period is considered as the probationary period
Double apprenticeship is not allowed (apprenticeship plus probationary
period). It is against public policies.
Apprentice is entitled to not less than 75% of the minimum wage as issued by
the wage board.
Q: Is the apprentice entitled to full month pay? A: Upon the expiration of the
apprenticeship period or if the training company availed of the tax deduction
scheme for apprenticeship salary, must pay 100%.
Learnership – engaged in non – apprenticiable or less skilled work, OJT plus optional
theoretical instruction
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NB: Q: Who has jurisdiction over learnership and apprenticeship disputed? A: Plant Committee then
Department of Labor and Employment. Labor Arbiter has no jurisdiction. (PAL vs Pano)
2. Probationary Employment
Period can be less than six months, if favorable to the employee as provided for the employer.
SC: 18 months probationary period can be warranted when the job required extensive training. The
law provides for six months.
During this period, employees are required to comply with the employer’s standards.
Probation extension: allowed when agreed upon by the parties when necessary to comply with the
probationary standards of the employer. What is prohibited is double probation.
But after the extension, the employee still have not reached the standards, employer can terminate
the employee.
3. Seasonal Employment
From season to season
Performing the same task
4. Project Employment
Hired for specific undertaking or project
Upon termination of project, automatic cessation of employer and employee relationship
Q: What if there is illegal dismissal during the project? Answer: Reinstatement during the period of
the project and back wages but only during the term of the project.
Q; when can a project employee be a regular employee? A: Employers are required to submit
termination report of the project to the nearest to the DOLE Office, failure to do this would make
project employees as regular employee.
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Once rehired, they will morphed into regular employment. EXPTN: Seamen, even if rehired cannot be
regular employees (Millares vs NLRC)
7. Casual Employees
Activity performed is not usually necessary or desirable in the usual business or trade of the ER (not
regular); not project; not seasonal.
He is uniquely regular because his “regularness” attaches only to the particular activity that he has
been doing while still a casual.
Prescriptive Period:
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its execution.
NB. Except as otherwise provided by this code. These matters are beyond the jurisdiction of the Labor
Arbiter.
1. Contempt Power
Two Types
i. Indirect Contempt
1. To be dealt with by the NLRC and its rules.
ii. Direct Contempt
1. By the Rules of Court (R71)
2. Injunctive Power
2. Certification Power
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File it with the Regional Arbitration Branch of the NLRC which has territorial jurisdiction over the
workplace of the complainant.
Mandatory Preliminary Conference. Resort to amicable settlement as per Art. 221 of the LC. Second
MPC, if first attempt is not successful.
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After second MPC, no amicable settlement, LA will mandate parties to submit position papers.
o SC: Position papers proceedings are not in violation of due process. Through their papers, they
are heard. Plus, technical matters are not binding in labor proceedings being an administrative
proceeding.
o Q: Can one of the parties file a motion to have a trial type proceeding? A: Yes, but subject to the
discretion of the LA.
When final paper has been submitted, LA has 30 days to decide.
Ten calendar days to appeal
No appeal, immediately self-executory as to the reinstatement aspect. No need for writ of execution.
Virgen Shipping case: As to other matters, a writ of execution is needed. To be filed after period to
appeal expired and no appeal is made.
After the motion for execution, LA will set it for pre-execution conference to abbreviate the
proceedings as to Art. 221 of LC.
If after the pre-execution conference, no settlement, proceed to execution.
Garnishment and levy is allowed when no money to answer for the judgment.
3rd party complaint is cognizable by LA for execution.
o Instances when you can lift or quash the writ of execution:
Issued against a non-party
Issued on account of graft and corruption
Issued on account that the awards is incomplete
Irregularly issued
NB: Doctrine of Immutability of Final Judgment: Final judgments are final and cannot be modified.
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Q: Is there still a need for the union and the company to agree to impose agency shop? A: No need. The
agency shop agreement is already provided for by law.
Doctrine of Union Monopoly/Exclusive Right Rule – the certified union is the only bargaining agent
allowed to bargain with the management to the exclusion of the other unions in the plant or company
premises.
An act either by the employer or the union, their agent or representatives which violates the
constitutional right of the workers to self organization.
There must be employer and employer relationship.
Instances when ULP can be committed even if there is no EE-EM relationship:
1. When committed by agents or representative
2. Yellow dog contract – an applicant is made to denounce his membership to a union
or promised not to join one as a condition for employment. Hence, being an
applicant, no employer and employee relationship yet.
Two Types of ULP
o By employer
1. Interference, restraint , coercion in the formation of a union
Discourage the formation or continuation of a union
3 ways of commission
i. Economic
ii. Psychological
iii. Physical
2. Yellow dog contract
3. Discrimination
Not per se illegal. Only if it’s designed, calculated to discriminate the
officers and members of union with regards to benefits due to all
employees.
It maybe management prerogative. But if it’s a grand design to undermine
the union, then it is ULP
4. Forming or assisting in forming a company dominated union
SC: Passivity of a union is an indication of a company dominated union.
Organize with help or assistance of management.
Economic, legal support from employer
5. Refusal to bargain collectively
Duty to bargain collectively – mutual obligation of the parties to bargain
and negotiate with matters regarding terms of employment and
adjustments of grievance machineries for redress of grievances promptly,
expeditiously and in good faith.
Standards of Collective Bargaining;
i. Mutual – either the parties may initiate collective bargaining.
Union may submit CBA proposal. Employer, after
10 days, may submit a counter proposal. Failure to
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o By Union
1. Interference, restraint , coercion in the formation of a union
2. Discrimination
3. Payment of Negotiation Fees
It is when in order to settle economic provisions in CBA, union demands from
employer negotiation fees.
Sweetheart Contract – when the CBA was not able to get full economic
benefits for employees, or it’s an incomplete CBA. Example: when CBA does not
have an arbitration clause.
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BAR AREAS:
Occupational Disease: Under the law, it must be listed as an occupational disease. Book IV of the Labor Code
enumerates the disease as compensable. Does it mean to say that if the disease is not listed, it is not
compensable? Under the new law, it must be listed but if it is not listed, it is not compensable. However, there’s
an exception, if the employee dies of a hemorraghic pancreatitis (bangungot).
In injuries/death, the one liable is the State Insurance Fund. This fund is given by the employer for its employees.
Doctrine of Limited Liability of State Insurance Fund: The State Insurance Fund is not liable. How? In case of
intoxication, self-inflicted injury, notorious negligence.
Insanity
Worker is in a state of delirium or point of death
Uncontrollable impulse
Tanduay Rhum Doctrine: workers wanted to drink after a hard day’s labor. They consumed all the alcohol. One of
the workers was still sober. So he rotated his eyeballs, he saw a night oil of winter green. So he dies instantly. It is
compensable. The SC reasoned that in taking this mentholatum, there was no advisory from his co-workers that
the drink was fatal.
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Is the non-furnishing of the MOA a fatal defect? NO. Only a mere procedural formal lapse.
Posting of a Bond
Surety issued by a reputable surety company: registered by insurance company and accredited by both Supreme
Court and NLRC.
How do you determine the amount? Does the LA fix it? No. It is the law fixes. The monetary award excluding
damages and attorneys fees.
Can you substitute a cash or surety bond with a bank guaranty? No.
A Deed of Assignment of a bank deposit is also not allowed to be substituted for cash or surety bond.
One exception: UERM ruling (The appellant employer can post a property bond if the amoutn is substantial to
cover the monetary award).
How much can you post? Reasonable amount. You can post a partial bond.
Employee does not want to be reinstated but in lieu of this he should be paid separation pay and backwages;
Principle of waiver/laches
No legal prohibition for an employee to strike out a living while waiting for the execution of the case.
Unreasonable delay when an employee does not assent his right to be reinstated for 4 years. Claim for
reinstatement has become stale.
If there is severe antagonism between employer and employee, then the proper remedy is to pay separation pay
and backwages as a form of compromise instead of reinstatement.
Physical disability
Prescription: 4 years! Why? SC said 4 yrs. prescriptive period in Civil Code is followed. There is injury to the right
of the workers.
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Power to decide/resolve certified cases c.f. Assumption of Jurisdiction (Art. 269 (g))
The President and Sec. of DOLE may assume jurisdiction in an industry vital to national interest that may trigger
strike/labor dispute.
RA 6715 (Revised Labor Code) speaks about industries indispensable to national interest.
Assumption of power is a polic regulation; plenary, full, complete and at the same time discretionary.
Can the SOLE assume jurisdiction to an industry not vital to national interest? Hopia Factory cases says Pwede!
Assumption order is plenary, full and discretionary.
Motu proprio
Motion of employer
Petition for assumption of Union
Joint petition of both employer and Union
May a VA resolve a vital to industry dispute? By agreement of employer and union, yes he can. To authorize the
VA/Panel of Arbitrator, they must submit a submission agreement.
It has the effect of a Writ of Injunction but does not have to comply with a WOJ’s requisites;
Striking worker should return to work. Otherwise, they can be dismissed since they are doing a prohibited act.
Striking worker must be reinstated in the same working conditions. AOJ contemplates only actual reinstatement.
DOLE exercises concurrent jurisdiction over cases cognizable by the LA such as monely claims, ULP, I.D.
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What is ULP? It is an act of employer, employee or agents which violates the constitutional right of the worker to
self-organization and the right to engage in a peaceful concerted activities for their mutual benefit.
A ULP is a criminal/civil offense. LA has no jurisdiction over the criminal aspect, it is the regular court that has
jurisdiction.
There must be a final verdict of LA on administrative or civil aspect of such ULP before filing it before regular
courts.
ULP by employer
Concept of the Duty to Bargain Collectively = under the LC, a mutual obligation between the employer and union,
etc.
Standards of collective bargaining: (1) mutual bargaining; (2) prompt expeditious bargaining; (3) good faith
bargaining.
If the employer procastinates the submission of counter CBA, then that is an indication of refusal to bargain
which is a favor of ULP.
The employer finally submits a counter CBA and he tells a union to take it or leave it (Boulwarism).
The employer submits a counter CBA proposal; discusses matters that are off-tangent.
Employer sold stocks to dummy corporation; business operation transferred to another are a just to evade CB.
Can employers strike in the area? YES. Strikes/strike area includes run-away shops which is ULP
Discrimination – discrimination per se is not ULP but if its designed to discourage unionism; it is ULP.
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Company unionism
Company-dominated union
Organized at the instance of the employer thru legal, economic support
It is an active union but later on became passive, inactive, worst, a dormant union because of legal, economic,
psychological support.
Providing negotiation fees to union for the union to negotiate with the employer;
Giving out testimonies before a judicial or quasi-judicial body. Employer disallowing an employee from
participating in a certification election case.
If the contracting out is made to an independent contractor, it must not exceed more than 6 months, otherwise,
ULP siya.
Exceptions:
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