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Ateneo Labor Law Reviewer
Ateneo Labor Law Reviewer
Ateneo Labor Law Reviewer
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ANNEX C: Procedure for Registration of Labor Organization
Where to file
Regional Office Bureau
labor union
(Action within 10 days from receipt of application)
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)
Approval
- Issuance of certificate of
registration
Denial
Ground: Failure to comply with
requirements
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APPEAL BY MEMO OF APPEAL
WITHIN
10 DAYS FROM RECEIPT OF NOTICE
GROUNDS:
1. Grave abuse of discretion;
2. Violation of rules as amended
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)
Bureau
(transmit records
within 24 hours from
receipt of Memo of
Appeal)
Secretary of DOLE
(decision within 20
days from receipt of
records)
Bureau
(decision within 20
days from receipt of
records)
Supreme Court
Rule 65
Supreme Court
Rule 65
ANNEX D: Procedure for Cancellation of Registration of Labor Organizations
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File independent complaint
or petition for cancellation
based on the grounds
Regional Director in case of
independent labor union,
chartered local and
workers' association
Any party-in-interest may commence
a petition for cancellation
Members of labor
organization for actions
involving violations of Art.
241
Bureau Director in case of
federations, national or
industry unions and trade
union centers
Notice and Due Process
Resolved by Regional
Director like the procedure
of Inter/Intra-Union Disputes
(Rule XI)
e. Acting as a labor contractor or
engaging in the "cabo" system, or
otherwise engaging in any activity
prohibited by law;
f. Entering into collective bargaining
agreements which provide for terms
and conditions of employment
below minimum standards
established by law;
g. 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;
h. Asking for or accepting attorney's
fees or negotiation fees from the
employer;
i. 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;
j. Failure to submit list of individual
members to the Bureau once a year
or whenever required by the
Bureau;
k. Failure to comply with the
requirements of registration
prescribed under Rules III and IV
GROUNDS:
a. Misrepresentation, false statement
or fraud in connection with the
adoption or ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification;
b. Failure to submit the documents
mentioned in the preceding
paragraph within thirty (30) days
from adoption or ratification of the
constitution and by-laws or
amendments thereto;
c. Misrepresentation, false statements
or fraud in connection with the
election of officers, minutes of the
election of officers, the list of voters,
failure to submit these documents
together with the list of the newly
elected or appointed officers and
their postal address within thirty (30)
days from election;
d. Failure to submit the annual
financial report to the Bureau within
thirty (30) days after the close of
every fiscal year and
misrepresentation, false entries or
fraud in the preparation of the
financial report;
ANNEX E: Cancellation of Registration of Labor Organizations due to Non-Compliance with the
Reportorial Requirements
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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
Bureau shall send a notice for compliance
by registered mail with return card to the
labor organization concerned
Comply with the reportorial
requirements and submit proof
thereof to the Bureau
No response from labor
organization
Within 10
days from
receipt
30 days from release of notice
No response within 30 days from release of 2
nd
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
Bureau shall:
1) order cancellation of registration
2) cause its de-listing from the roster of
legitimate labor organizations
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.
ANNEX F: Elections under Rule 12 Of The Implementing Rules
Within 60 days before the
President of the labor
organization shall constitute a
committee on election
expiration of the term of the incumbent
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.
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
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.
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.
Committee shall elect its
Chairman
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ANNEX G: Bargaining Procedure under the Labor Code (Art. 250)
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Reply not later than 10 days from receipt
Serve written notice with
statement of proposals upon
the other party.
If differences arise on the basis of
notice and reply
If the dispute is not settled.
Reply of other party
Conference
Board shall intervene, call
parties to conciliation
meetings
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.
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.
ANNEX H: PETITION FOR CERTIFICATION ELECTION
Raffle dispensed with
If there is only 1 Med-arbiter
Must be within 10 days from
Receipt of petition
may conduct such
number of hearings,
within 10 days but hearings should
from last hearing not exceed 15 days
from
preliminary hearing.
If there is no appeal
Within 10 days from
Must be within 10 days from Receipt of decision,
Date of entry of agreement Med-arbiter shall enter
The finality of the decision
In the records of the case
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TIFF (Uncompressed) decompressor
are needed to see this picture.
File petition for
certification election
Raffle
Service of notice of
preliminary conference
Preliminary Conference
Parties agree to a
consent election
Parties fail to
agree on consent
election
Forward records of
petition to Regional
Director/ authorized
representative
First pre-election
conference
Hearings
Decision
Who may file?
any legitimate labor
organization
employer, when
requested to bargain
collectvely
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.
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
amendment, extension or renewal of the collective bargaining agreement;
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.
Petition Granted Petition Denied Petition Denied Petition Granted
Unorganized
establishment
Decision
Organized
establishment
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TIFF (Uncompressed) decompressor
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within 10 days from receipt
of decision
File memorandum of appeal
with Regional Office where the
petition originated
Non-appealable
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
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 pre-
election conference
considered a waiver of right
to question any agreement
in the pre-election
conference. But non-
appearing party retains the
right to be given notices of
subsequent pre-election
conferences
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
Election Officer shall cause the
issuance of notice of pre-election
conference upon the contending
unions and the employer
Pre-election conference
Must be within 10 days from
receipt of the assignment
Must be completed within 3 days
from date of the first hearing
Certification Election
Election precincts
close
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.
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TIFF (Uncompressed) decompressor
are needed to see this picture.
the opening and canvass shall
proceed immediately after the
precincts have closed.
Transmit records of the case to
Med-arbiter. Med-arbiter shall
issue an order proclaiming the
results of the election.
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.
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
votes.
Another certification or
consent election may be
held within 6 months.
ANNEX J: Procedure in Handling Grievances
Based on DO 40-03
This will apply only in the
absence of a provision in the
CBA or existing company
policy.
Present grievance to
shop steward
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No settlement
Immediate supervisor
Grievance Committee
Still unresolved 10 days
Either party may serve
notice upon the other of
its decision to submit to
voluntary arbitration
Grievance
committee decision
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.
ANNEX K: Inter/Intra-Union Dispute & Other Related Labor Relations Disputes
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TIFF (Uncompressed) decompressor
are needed to see this picture.
Raffle is dispensed with if there is only one Med-
arbiter or Hearing Officer in the Region
File complaint or petition
Raffle
Within 3 days from receipt
Of petition
Med-arbiter shall cause the
service of summons upon the
respondents.
Prepare, cause service of notice
of preliminary conference upon
the party filing the petition.
Petition shall be
transmitted to Med-
arbiter
Preliminary conference
within 10 days from receipt of the
complaint or petition
No amicable settlement Parties agree to amicable
settlement
Decision based on the
amicable settlement within 5
days from preliminary
conference.
limited to clarificatory
questions by Med-arbiter
Proceed with stipulation of facts,
limitation of issues, clarificatory
questioning, submission of laws
and jurisprudence
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
Hearing/s
Decide within 20 days
From last hearing
Where to file?
1. Regional Office which issued certificate of registration/creation
- complaints involving labor unions with independent registration, chartered
locals, workers association, its officer/members.
2. Bureau
- involving federations, national unions, industry unions, its
officers/members.
3. Regional Director
- petitions for cancellation of registration of labor unions, petitions for
deregistration of CBA
4. Med-arbiter
- other inter/intra union disputes and other related labor relations disputes
Who may file?
any legitimate labor
organization or its members
any party-in-interest
if the issue involves the entire
membership of the labor
organization, complaint must
be supported by 30% of
members.
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TIFF (Uncompressed) decompressor
are needed to see this picture.
Must appeal within 10
days from receipt of decision
Med-arbiter/ Regional
Director Decision
Bureau Director
Decision
May call parties to a clarificatory hearing
Must decide within 20 days
From receipt of records
Bureau Director Office of the Secretary
Final and executory
If there is no appeal with 10 days
Only 1 MR allowed
Records remanded to the
Bureau Director Decision Office of DOLE Secretary
Bureau Director
Decision Final and
Executory
Office of Secretary
Decision Final and
Executory
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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The conclusions of a division on any case
submitted to it for decision shall be reached in
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.
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
1
st
6
th
divisions Luzon & NCR
7
th
& 8
th
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.
Art. 214. Headquarters, branches and provincial
extension units
Offices of 1
st
6
th
Divisions Metro Manila
7
th
Division Cebu
8
th
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 labor-
management 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 labor-
management 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
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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
J ustice and Associate J ustices of the Court of
Appeals, respectively.
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 J udges.
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.
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a. Motion to dismiss (except on grounds of lack
of jurisdiction over the subject matter,
improper venue, prescription and forum-
shopping)
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
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.
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LA has full control and shall personally conduct
the hearing / clarificatory conference.
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
pertaining to the appealed case shall thereafter
be addressed to and filed with the Commission.
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)
Government Service Insurance Act of
1997
(RA 8291)
WHO ARE
COVERED
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 employer-
employee relationship
3. SELF-EMPLOYED considered both
employer and employee
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
DEPENDENTS 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
CONDITIONS FOR
CHILD TO BE
CONSIDERED
DEPENDENT 4. Incapable of supporting himself either physically or mentally prior to 21 years of age or
age of majority, as the case may be
BENEFICIARIES
1. PRIMARY
2. SECONDARY
3. OTHERS
a. Dependent Spouse until remarriage
AND
b. Dependent Legitimate or Legitimated
or Legally Adopted and Illegitimate
Children
a. Dependent Parents
b. Absent primary and secondary
beneficiaries, any other person
designated by member as secondary
beneficiary
As to DEATH BENEFITS, if no beneficiary
qualifies under the Act, benefits shall be
paid to Legal Heirs in accordance with Law
of Succession
a. Legal, Dependent Spouse until
remarriage AND
b. Dependent Children
a. Dependent Parents AND
b. Legitimate descendants subject to
restrictions on dependent children,
legitimate descendants
BENEFITS 1. Monthly Pension
2. Dependents Pension
3. Retirement
4. Death
5. Permanent Disability
6. Funeral
7. Sickness
8. Maternity (ONLY 1
ST
FOUR
DELIVERIES OR MISCARRIAGES)
1. ALL MEMBERS
a. Life Insurance
b. Retirement
c. Disability
d. Survivorship
e. Separation
f. Unemployment
2. J UDICIARY
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9. Loan Grant
A. Life Insurance ONLY ALL TAX
EXEMPT
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. 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
system.
COMPULSORY for all employees receiving
compensation who have not reached
compulsory retirement age, irrespective of
employment status
EXCEPTIONS
FROM
COVERAGE
1. Employment purely casual and not
for purpose occupation, or business
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
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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
COMPENSATION 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
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
BASIS OF CLAIM Non-work connected disability, sickness,
maternity, death and old age and other
contingencies resulting in loss of income or
financial burden (sec. 2)
Work-connected exempt from liability where
permanent disability due to his grave
misconduct, habitual intoxication, or willful
intention to kill himself or another (sec. 15-
17)
EFFECTS OF
SEPARATION
FROM
EMPLOYMENT
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
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
REPORTING
REQUIREMENTS
A. Employer:
Report immediately to SSS the names,
ages, civil status, occupations, salaries
and dependents of all his covered
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
Employer:
Report to GSIS the names, employment
status, positions, salaries of the employee
and such other matter as determined by the
GSIS
FUNDING 1. Employers contributions
2. Employees/members contributions
EXEMPTION
FROM TAX/LEGAL
PROCESS/LIEN
Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all
benefits paid by SSS or GSIS shall likewise be exempt from taxes, assessments, fees,
charges, and duties of all kind
DISPUTE
SETTLEMENT
Dispute arising from:
1. Coverage
2. Benefits
3. Contributions
4. Penalties
5. Any matters related thereto
J urisdiction: Social Security Commission
Any dispute arising under this Act and other
laws administered by GSIS
J urisdiction: GSIS
When decision made: 30 days from receipt
of the hearing officers findings and
recommendations or 30 days after
submission for decision
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When decision made: Mandatory period of
20 days from submission of evidence
Appeal:
CA questions of law and facts
SC questions of law only
Appeal:
CA Rule 43, Section 31
SC Rule 45
PRESCRIPTIVE
PERIOD
10 years from accrual of right of action 4 years from date of contingency