LABOR Nov. 24, 2011 Thursday doctrine; principle of law o art.

280 is not the yardstick for determining the existence of an employment relationship. o It merely distinguishes between regular and casual employees. It does not apply where the existence of an employment relationship is in dispute (20 !tok" #urisprudence; employee or independent contractor$ o %he selection and employment of the &ockey is made by the race horse owner whose horse the &ockey will ride' not by the race club. (pon the other hand' the &ockey decides for himself the horse he is to mount ( )*) +++ ,s &ockey club case" o -ote. +++ can determine existence of /0-// relationship for purposes of1.. #urisprudence; pba basketball referee o 2e officiates a basketball game. 3nce in the playing court' he exercises his own independent &udgment' based on the rules of the game' as to when and how a call or decision is to be made. o 2e is the only absolute' and final authority on the playing court (20 4ernarte" #urisprudence' 5sabong6 o ! 5masiador6 (bet-taker" and 5sentenciador6 (referee" are akin to independent contractors. o In the conduct of their work' they rely on their expertise that is characteristic of the cockfight gambling. %hey can interpret message con,eyed by mere gestures. %heir compensation is based on arriba. (20 +emblante" 0ights of worker; in general o 7onstitutional rights in relation to labor standards o 7onstitutional rights in relation to labor relations o +ources of labor law8s 9ower to hire o -ature of power

o :irst fold test 0estrictions prior to hiring o ;abor code (arts. <*' <)' and 2=8" o +pecial laws (ra nos. >* 0; >8>>; 8?0=; )208; >2>>; 8>) " @octrine; principle of law o 4ona fide occupational Aualification rule o ----- employment in particular &ob may not be limited to persons of a particular sex' religion' or national origin unless the employer can show that they are actual Aualifications for performing the &ob. @octrine; principle of law o -o spouse employment policy o It ,iolates the employeeBs marital status I: it discriminates against all spouses of present employees without regard to the particular indi,idualBs Aualification or work performance. @octrineB principle of law o 9olicy of prohibiting employee from ha,ing personal or marital relationship with // of ri,al company (200= glaxo" o 9ost retirement competiti,e employment ban (200* ri,era" #urisprudence o /mployerBs Aualifying 5weight6 standards for its flight steward' that is prescribed under its cabin and manual crew' considered a continuing Aualification to keep oneBs &ob' it in,ol,ing flight safety issues. It applies prior to and after hiring (2008 yrasuegui" Cages and wage rationaliDation act o Cages. concept; ( )8? gaa" o +imilar to 5salary6$ (200* eAuitable bank" @octrine; principle of law o In labor law' the distinction between salary and wage is merely semantics.

o 4oth words refer to one and the same meaning' that is' reward of recompense for ser,ices performed (200* eAuitable" @istinction; when rele,ant o @istinction applies under art. >08 of the 77' which exempts the laborerBs wage from execution or attachment except for debts incurred for food' shelter' clothing and medical attendance ( )8? gaa" Cages ,s salary; when distinction is rele,ant o Cages refer to compensation for manual labor' skilled or unskilled o +alary denotes a higher grade of employment' or a superior grade of ser,ices' and implies a position of office (ibid" Cage; concept o 5facilities6. concept o deductible 5facilities6; reAuisites ( ))> mabeDa" facilities ,s supplement o distinguish from 5supplement6 extra remuneration or special pri,ileges or benefits gi,en to or recei,ed by the laborer o,er and abo,e his earnings or wages (20 +;; International 7able"

&urisprudence; supplement; not facilities o 5free board E lodging6 > days a week (20 0 +.I.9 :ood house" o food allowance' and allowance for lodging house' transportation' electricity' water and snacks (20 +;; International cable"

methods of fixing compensation o time (daily paid and monthly paid" o &ob or task o piece-rate o commission

time spent; concept o once the agreed period of work is completed' the compensation is earned and becomes due regardless of result. o 2 types; time-based earners. di,isor for monthly-paid ees F <*? for daily-paid ees <)<.? (mon-sun" < < (mon-sat" 2* (mon-fri"

daily-paid ee o 7oncept o 9rinciple of no work no pay

#urisprudence o (se of <*0 di,isor for mon to fri work (200> leyte" o (se of < = di,isor for Gonday to sat work (200* arellano uni,ersity ees"

Gonthly paid ees; concept o 0e,ersion from <*? di,isor ( ))) phil ,eterans bank" o 7o,ered by no work no pay if absent without pay (200= odango"

#ob or task; concept o ! flat or fixed sum is paid for each particular &ob or task completed' without regard to the number of hours actually spent in the performance or completion. o 0eAuisites. !. the work is susceptible of being segregated into standardiDed and similar units (e.g. km" each known as 5&ob6 or 5task6; and 4. the nature of the &ob or task is such that the expenditures of the materials' and effort for each is substantially the same as for any other.

9iece work; concept o ! standard amount is fixed for e,ery piece or unit of work produced that is more or less regularly replicated' without regard to the time spent in producing the same o 0eAuisites. !. the finished products are things' articles' or commodities which are physically discrete or distinct but fungible' in that one unit is much like any other in ,alue and in physical Auantities 4. the labor contributed by each worker to a particular process or phase of production is determinable' and separable from that contributed by others 7. the ,alue of the labor1.

#urisprudence o %ailors ( ))) lambo" o +ewer' ironer' tailor and repairman (,illuga"

7ommission; concept o ! percentage or a fraction of the proceeds resulting form sales or similar transactions effected is fixed o +alesmen ( ))0 songco" o @ri,ers and dispatchers ( ))* san Giguel &eepney"

4oundary system; concept o ! fixed amount is remittedd by the dri,er to the owner8operator and he gets to earn the amount in excess thereof. o If there are many passengers' the dri,er benefits from it. (20 caong"

#urisprudence; per trip basis o 9aying on a per trip basis is merely a method of computing compensation (200? cha,eD"

:air dayBs wage for a fair dayBs labor' or no work no pay ( ))> caltex refinery" /Aual pay for eAual work (2000 international school alliance"

:ixing of minimum wage; agencies o 0%C94; 7omposition and powers and &urisdiction o -C97; 7omposition' powers and &urisdiction

:ixing the minimum wage o !d,antages8disad,antages o principal policies. i. rationaliDe the fixing of minimum wage ii. promote collecti,e bargaining as primary mode of settling wages

doctrine; principle of law o erBs right to reasonable return on in,estment and to expansion and growth (200= duncan"

wage distortion; concept o = reAuisites ( ))) prubankers" o how to resol,e (unorganiDed and organiDed establishment"

LABOR Dec. 1, 2011 Thursday Gethods of determining wages ( )) employers confederation; 200> metropolitan bank" #urisprudence; wage distortion o /0Bs ,oluntary and unilateral increases in fixing hiring rates although no increase in rates of old ees (200= bankard employees union" Cage distortion; &urisprudence o -o right to wage increase under a wage order if ee is recei,ing abo,e minimum wage (200* pag-asa steel work" Hiolation of wage order8s; penalty o 7i,il liability; double indemnity (@3;/ @.3. -o. 0' +. ))8; 200) 9hil. 2oteliers' Inc."

o 7riminal liability @ef. of terms in the @3 o Cage rates o Cage order o (npaid benefits 4asis for computing the double indemnity

o @ouble indemnity o -otice of inspection result Hiolation must be corrected within ? days from receipt

o 7ompliance order 0 days to comply; otherwise becomes final

double indemnity; rules; @3 -o. 0' +. ))8 o @efinition o Chen to start period of computation o 4asis for the computation; effect of partial compliance

LABOR Dec. 5, 2011 Monday /xemption from wage order o !. by application for certificate of exemption (-C97 Iuidelines -o. ' +. ))*" @istressed establishments ( ))> #oy 4rothers" 0etail establishment ( ))) c. planas" 4G4/

o 4. 4y operation of law (art. )8" /ffect of pendency; issuance of compliance order o -o compliance order shall be issued Cage enforcement and reco,ery tools

o !. ,isitorial and enforcement power (art. 28; +ec. )' 0! *>2>" 3ther ,isitorial powers (art. 2>="

o 4. simple money claims; reAuisites (art. 2); ))< ra&ah humabon" !rt. 28; types of @3;/ inspection; issuance of compliance order o !. routine inspection !fter > calendar days from receipt of notice of inspection result

o 4. complaint inspection !fter due notice and hearing in a summary in,estigation

#urisprudence; art. 28 o +toppage of operation under art. 28 will not apply if the stoppage is ordered by the @/-0 and not the @3;/ o %2(+' no work no pay during the period of stoppage of operation (2008 national mines"

7losure; applicable rule o @ole dept. cir. -o. < s. 200)8 guidelines on the procedure for closure of business' firm or establishment under ra )2< 7losure after notice and hearing Immediate closure (5close-now-hear later process6"

-o &urisdiction; art. 28; reAuisites o !. where er-ee relationship has ceased; and o 4. where no such relationship has e,er existed (200) peopleBs broadcasting"

!rt. 28; &urisprudence o !rt. 28 applies e,en if the amount in,ol,ed exceeds ?k o %he worker need not litigate to get what legally belongs to him. %he whole enforcement machinery of the dole

exists to insure its expeditious deli,ery to him free of charge (200) balladares" /xception clause; art. 28 o %he 0@8dole is di,ested of &urisdiction under art. 28 under the so-called 5exception clause6 (200) meteoro" 0emedies; art. 28 ,s art. 2) o 0emedy of aggrie,ed party from decision of rd8dole under art. 28$ o 0emedy of aggrie,ed party from decision of rd8dole under art. 2)$ Cage protection pro,isions o 9rohibitions regarding wages' i.e. withholding of wages and authoriDed deductions o -on-interference in disposal of wages o 9rohibition against compulsory patronage #urisprudence; withholding of wages o Chile an er has management prerogati,e' it has no right to withhold salary8wages without consent of the ee (art. *' cited in 20 0 +2+ 9erforated" o !ny withholding of wages may only be allowed in the form of wage deductions under art. < of the ;7. (ibid" @octrine; principle of law o @eductions for loss or damage to tools' materials etc.' supplied by er or reAuiring deposit to answer for such loss or damage (?& taxi; 2000 &ardin" -on-diminution of benefits o 9rinciple against diminution of benefits and supplements (!rt. 00; art. 2>" o 4efore effecti,ity of ;7 o !fter effecti,ity of ;7 <%2 month pay ( ))< da,ao fruits; 200? honda phils." gas and uniform allowance ( ))> manila bank" ,l8sl ( )) nestle"

use of di,isor ( ))) phil ,eterans bank; 200 producers bank" bonus ( ))) manila electric"

LABOR Dec. 15, 2011 Thursday &urisprudence o prorating of <thE =th month pays due to period of strike is not ,alid' as it is contrary to company practice under the 74!' citing ))< case of @a,ao :ruits (200? 2onda 9hils." &urisprudence; 3% pay' not benefit o 7hange of work schedule in the cba from ) am to ? pm to pm to 8 pm' due to change in the program of horse races is management prerogati,e. o %he ot pay was not gi,en consistently' deliberately and unconditionally but as a compensation for additional ser,ices rendered (200> manila &ockey" 3t pay is not a benefit. It reAuires rendition of additional ser,ices; and is not freely gi,en. %he reAuirement of rendering additional ser,ice differentiates ot pay from benefits such as <th month pay or yearly merit increase. (200> san Giguel" 9ayment of wages o :orm ( ))? congson; 200= national federation of labor" o 9lace ( ))* north da,ao mining"; bank (ra *>2>"; atm (dole labor ad,isory' +. ))*" o 9ayee o %ime and freAuency (n&ust enrichment principle o Chere workersB ad,ances exceeded their unpaid salaries' the o,erpaid amount made by the er should be paid back to the latter to a,oid un&ust enrichment (200* business ser,ices of the future today" 7onditions of employment

o 2ours of work; normal o 3ther hours of work; !. children (ra >* 0' as amended by ra )2< " 4. househelper (art. *)?' ncc"

7oncept; principle of law o 2ours worked. meaning. rest period (?-20 mins"; work interruption; waiting time; assembly time; attendance at seminars o Geal period (art. 8?"; shortened meal period ( ))8 simedarby"

Corkweek o !. normal o 4. compressed (dole dept. ad,isory no.2' s. 200=" 2ealth personnel. workweek ( ))> san &uan de dios"

7ompressed workweek; concept o !n alternati,e arrangement whereby the normal workweek is reduced to less than * days but the total number of normal work hours per week shall remain at =8 hours. o %he normal workday is increased to more than 8 hours without corresponding o,ertime premium.

3b&ecti,es of cww. o %3 promote business competiti,eness and producti,ity' lower operating costs thereby impro,ing efficiency' reduce work-related expenses; and o %o achie,e flexibility in fixing hours of work compatible with business reAuirements and the employeeBs need for a balanced work life.

#urisprudence o Illegal compressed workweek when work days were reduced from * to < days a week' resulting to illegal reduction of work hours' as there was no adeAuate proof of losses (200> linton commercial"

0est day; non-regular ees

-o restday; instances ;abor standards; exclusion o /e excluded from labor standards (art. 82; ))< national sugar refineries; ))* salaDar" o +hift engineer' no right to ot and premium pay as he is an officer or member of the managerial staff (200* peneranda"

Cage-related benefits; examples o 3t pay o 4onuses o -ight shift differential pay o 2oliday pay o 9remium pay o ;ea,e benefits o <th month pay (dole d.o. no. 0' s. ))8"

doctrine; principle of law o 2 categories of workers paid by result; super,ised and unsuper,ised 5time and performance ( ))) lamboE 2002 tan"

&urisprudence o 5dri,er-conductor6 is not a field personnel (200? autobus transport system" o dri,er who is reAuired to be at a specific place and time with fixed hours of work' not a field personnel (200> duterte" as his time and performance is super,ised.

3,ertime; rule and exceptions o !ctual work ( )) cagampan; ))* stolt -ielsen ser,ices" o Cai,er ( ))< lagatic; 2008 bisigngmanggagawasatryco" under cww o (ndertime; offset$

2oliday pay (art. )=" rationale; exclusions8s 9ower to fix regular and special days (e.o 2)2 as amended"

LABOR LAW Jan. 5, 2012 Thursday +I; (!0%. )?"; /xclusion -ight shift differential pay (!rt. 8*" +er,ice charges (art. )*" +pecial laws; other benefits o <th month pay (pd 8? ' as amended"

o exclusions o how much$ o Chen due and payable$ o #urisprudence; <th month pay @ri,er who is paid on boundary basis' not entitled to <th month pay (200= 0E/ %ransport" 7ommissions not part of basic salary if in the form of profit sharing payments' and absence of clear' direct or necessary relation to the amount of work actually performed (200> 0eyes" 3,erload pay' excluded from the <th month pay' as it is paid for additional work in excess of the regular teaching load (2008 ;etran7alamba :aculty"

9aternity lea,e act; ra 8 8> benefits o 9aternity lea,e. reAuisites /mployee at the time of deli,ery 7ohabiting with his spouse !pplied for lea,e

@omestic adoption act of ))8; ra 8??2; benefits o !dopti,e parents +hall en&oy all the benefits to which biological parents are entitled

o Gaternity and paternity benefits and other benefits gi,en to biological parents upon birth of the child shall be en&oyed if the adoptee is below > years of age as of the date the child is placed with the adopti,e parents thru the pre-adopti,e placement authority issued by the dswd. +olo parents welfare act o !. parental lea,e; reAuisites (-/@! +ocial @e,elopment 7ommittee 0es. -o. 2' +. 2002" !t least one year of ser,ice 9rior notice to employer +olo parent identification card

o 4. flexible work arrangement 0etirement pay; art. 28> o 0eAuisites; age. o /xemption o :orfeiture (200* +y" !nti-,iolence against women and their children act o 0 day paid lea,e

o in addition to other lea,e benefits Gagna 7arta of Comen o +pecial lea,e benefit; full pay for 2 months o reAuisites. rendered at least * months continuous aggregate employment ser,ice for the last 2 months prior to surgery applied for special lea,e; when$ (ndergone surgery due to gynecological disorder as certified by a competent physician

/xpanded breastfeeding promotion act of 200) o :or nursing employees

o 4reak inter,al to breastfeed or express milk; considered compensable hours worked F to and from the workplace to lactation station -ot less than a total of =0 minutes for e,ery 8 hour working period In addition to regular time-off for meals

+ecurity of tenure o 7onstitutional basis (art. <' sec. < consti; 200) serrano" o +tatutory basis (art. 2>); art. 2>> (b"" o /stablishments co,ered (!rt. 2>8" and employees co,ered (arts. 280 and 28 "

7lassification of ees o . 0egular ees (280"; concept (sec. ? (a"' rule ' book *" i. by nature of work; primary test$ Ii. 4y years of ser,ice (casual ee becoming regular after year of ser,ice" ! forklift operator whose &ob is to lift and transfer pallets and pile them is necessary to the business of manufacturer and market of beer products (200) san Giguel corp."

o 2. 7asual o <. 9robationary ee (art. 28 " concept (+ec. * rule *" book

a probationary ee is one' who' for a gi,en period of time' is being obser,ed and e,aluated to determine C3- he is Aualified for a permanent position (200> pasamba" a probationary appointment affords the er an opportunity to obser,e the skill' competence' as well as the attitude of a probationer period of probation. a. labor code b. manual of regulations for pri,ate higher education of 2008; 20 0 re,ised manual of

regulations for pri,ate schools in basic education counting of period of probation (200= alcira and 200= mitsubishi motor phils" probationaryee' considered regular if ee is not informed of the standards (200? aberdeen court and 200? clarion printing house; sec. *(d" rule book *"' and more so' if he did not undergo any performance e,aluation (200* dusit hotel nikko" fixing of probation is for the benefit of both parties (200< cebu marine beach resort"

o exceptions to regular employment =. 9ro&ect ee; reAuisites; 2 types of acti,ities ( ))= alu-tucp and ))* cosmos bottling" repeated and continuous rehiring of pro&ect ee (maraguinot; 200? integrated construction and plumbing work"

?. +easonal ee; seasonal industry; 2 reAuisites (200< hacienda :atima and 200? hacienda bino" regular 5seasonal6 ee; concept ( )*< manila hotel; )) mercado reconciled in ))8 phil. tobacco flue curing" deep sea fishing business is not a seasonal undertaking. 7atching fish is not seasonal (200* poseidon fishing" especially where the boat crew although employed on a per trip basis' has been working for 2 years.

*. :ixed term ee; reAuisites ( ))0 brent school; 200= pangilinan" 5seafarers6 are contractual workers and not regular workers (2002 milares' reiterated in 200= gi-miro case and 200? ra,ago" industry practice to hire a relie,er to ensure the smooth flowing 2= hour ste,edoring and arrastre operations at the pier area; employment is similar to seasonal or pro&ect or term ee albeit on a daily basis (200> pie 8 arrastre"

a forklift operator who was initially hired as casual ee ' and made to rest ' and then rehired' for more than year' and e,entually placed under fixed-term employment' is considered regular ee. %he term employment was a mere ploy to depri,e the worker of his tenurial security (200) san Giguel' citing ))0 brent school"

other classification of ee o . Corkers in the construction industry (dole d.o. no. )' s. ))<"

o 2. 9ersonnel in pri,ate educational institution

LABOR Jan. -

, 2012 Monday

a. #ust cause8s o . ;abor code

o 2. Ganual of regulations for pri,ate higher education of 2008; 20 0 re,ised manual of regulations for pri,ate schools in basic education pre,enti,e suspension' when allowed o maximum period (@3;/ @.3. -o. )' +eries of ))>" o workers in the construction industry (@3;/ @.3. -o. )' series of ))<" o reco,ery of unpaid salary if employee is absol,ed (200* gatbonton" constructi,e dismissal; concept o reliefs of one constructi,ely dismissed$ o @istinguished from 5,oluntary resignation6 @ismissal for a non-existent or false cause o @ifferent from dismissal without cause$ /ntitled to reinstatement$ !nd to backwages$

o %ermination of ee who failed to report because under detention for criminal charges which were later dismissed (200> asian terminal' citing 200? standard electric and )8? magtoto and )8* pedrosa" :ailure to meet the erBs Aualifying standards' which apply prior to and after hiring' a continuing Aualification to keep oneBs &ob' it in,ol,ing flight safety issues' considered 5analogous cause6 (2008 yrasuegui" :iling of complaint is inconsistent with erBs defense of abandonment. In difficult times' it is unlikely for ee to abandon his &ob especially after long years of ser,ice (200) baron republic theatrical" :iling of complaint immediately after dismissal inconsistent with defense that ee has ,oluntarily resigned (200? fortuny garments"

LABOR Jan. 1!, 2012 Monday In retrenchment to pre,ent losses' all of the elements under art. 28< must concur or be present. %he absence of one element makes the retrenchment scheme an irregular exercise of management prerogati,e (2008 flight attendants and steward association of phils.' reiterated in 200) resolution" @ecrease in sales and collection' not enough to retrench ees' citing 5sliding income6 in clarion printing house (200) big Auest marketing inc." o 2owe,er' declining sales figures and unsustainable business en,ironment with no hope of reco,ery may &ustify closure of the establishment (200= &.a.t general ser,ices" especially if preceded by suspension of operations. 7losure under art. 28< is not limited to those resulting from business losses or re,erses (200= &.a.t general ser,ices" o %o say otherwise is to un&ustly interfere in managementBs prerogati,e ( ))> industrial timber" !nalogous to closure o %he cancellation of the ecc of the mining company by the @/-0 due to mine tailing leakage and pollution

amounted to company closure go,erned by art. 28< (2008 national mines and allied workers union" !rt. 28< includes both the complete cessation of all business operations and the cessation of only part of a companyBs business. o %his co,ers relocation of a companyBs plant to batangas due to expiration of lease' which amounts to cessation of the companyBs operations in Gakati (2000 cheni,er deco"' or the transfer of companyBs tobacco processing plant from AueDon to ilocos. o It also co,ers closure of business due to foreclosure of its assets ( ))< de,elopment bank of the phils." If not all ees are affected by the closure of operations' redundancy or retrenchment to pre,ent losses' a fair and reasonable criteria in the selection of ees to be terminated must be adopted by the er ( ))* capitol" 0easonable and fair criteria. o ;ess preferred status o /fficiency rating or merit rating system (200) mendros' &r." o +eniority (5;I:36" o 9hysical fitness o !bility to perform work o 3ld age or disablement o :inancial hardship for certain workers <0 day prior notice rule o art. 2>>(b"' ;7 o how obser,ed$ 0ule. notice of closure to dole is mandatory. 9urpose. to allow dole to ascertain whether closure is done in good faith and not a pretext for e,ading obligations. It protects workerBs right to security of tenure.

/xception. ee consents' thereby acknowledging the existence of ,alid cause (200 dole phils. cited in 200* business ser,ices of the future today" 0eliefs and award. o 0ule. reinstatement and backwages (art. 2>)" o +eparation pay in lieu of reinstatement; instances o -o separation pay ( ))* north da,ao mining; 2000 national federation of labor"

Chere a company was forced to close due to o,er 20b in accumulated losses' it cannot be ordered to pay separation pay e,en it has a company practice of gi,ing one monthsB pay and has in fact earlier paid some of its workers such amount ( ))* north da,ao" there was no 5impermissible discrimination6 ( ))< business day information" Chen a business enterprise completely ceases operation i.e. upon its death as a going business concern' its ,ital lifeblood F it cash flow F literally dries up (ibid" o Indeed' one cannot sAueeDe blood out of a dry stone. -or water out of parched land.

%o reAuire an er to be generous when it is no longer in a position to do so' would be unduly oppressi,e' un&ust and unfair to the er (200= cama" :or ,iolation of <0 day prior notice' pay ?0k each as nominal damages (200* industrial timber" o =0k nominal damages (200* business ser,ices"

see howe,er ruling on m8r' dated march 28' 200*' where award of ?0k reduced to 0k each since er had closed business and award is too burdensome; using factors such as number of ees' reason for dismissal' er acting in good faith etc. closure of fEb department due to serious losses co,ered by art. 28< on closure' and not retrenchment (200? alabang country club" but see 200? san Giguel corp. (aballa case"' where termination of ees in aAuaculture operations due to substantial losses' considered retrenchment and not closure of operations. +ummary.

o /ffects of ,alid dismissal and illegal dismissal (200= agabon en banc; 200? &aka food processing en banc" @isease as ground to terminate o It is the er and not the ee which has the obligation to secure a certification from a competent public health authority (200> duterte,skingswood" o @isability$ !nd aids$ 0esignation and retirement o 0esignation. a" express and implied ( ))> phil today"; b" ,oluntary and in,oluntary o 0etirement (art. 28>" 0etirement is the result of a bilateral act of the parties' a ,oluntary agreement between the er and the ee whereby the latter after reaching a certain age agrees to se,er his or her employment with the former (20 0 cercado"

o ! retirement plan gi,ing the er the option to retire its ees below the ages pro,ided by law must be assented to and accepted by the latter' otherwise' its adhesi,e imposition will amount to depri,ation of property without due process of law (ibid" #urisdiction of labor tribunals o ;abor arbiter (art. 2 >" ,s regular courts o 5reasonable causal connection rule6 ( )) pepsi cola; ))) san Giguel etcuban case" o claim for damages by er against ee arising from er-ee relationship unless cause of action arose from different source of obligation e.g. torts' or crime (2000 baneD" o action for damages by er against ee who resigned short of <0 day prior notice (200< e,iota" o action by er to en&oin ee who resigned from &oining competitor o dismissal of ,p if not considered a corporate officer under pd )02-a o claim of member of a cooperati,e against the latter (200 perpetual help credit corp"

o claim for illegal dismissal of a pastor against >th day !d,entist ( ))) austria" o 5labor dispute6' and anti-in&unction ban under art. 2?= (:reedom of workplace" and its exceptions; see also 5innocent by-stander6 rule o the 0%7 can issue an in&uncti,e writ to pre,ent enforcement of a writ of execution issued by a labor tribunal on the basis of a <rd partyBs claim of ownership o,er the properties le,ied upon. -o ,iolation of art. 2?=' and no interference with the processes of the labor department (200) 5I6 holdings" o &urisdiction of labor arbiter' when ,iolation of cba is gross (ulp" and pertains to economic pro,isions; otherwise' it is ,oluntary arbitrationBs &urisdiction ( ))> sil,a" o afilipino hired by the bank o,erseas is go,erned by phil. laws' applying sec. 0 ra 80=2 otherwise known as the 5migrant workers act6 and thus her claim is within the &urisdiction of the labor arbiter (200> sim" o termination of a union member in an organiDed establishment unless stipulated otherwise in the parties 74! o action by er to reco,er unpaid loans of ees who were dismissed F &urisdiction of regular court' and not labor arbiter. /nforcement of loan agreement in,ol,ed creditor-debtor relations founded on contract and does not concern ee relations (20 0 hsbc ltd. +taff retirement plan" thenlrc o powers and composition; see ra )<=> rationaliDing the composition and function of the nlrc' Auasi-&udicial power' administrati,e power and in&uncti,e power o composition chairman and 2< members J 2= 8 F public sector 8 F workerBs organiDation 8 F erBs organiDation

o di,ision 8 di,isions < members each

o territorial &urisdiction to *th di,isions F to handle cases from ncr and other parts of ;uDon
st

>th di,ision F to handle cases from ,isayas 8th di,ision F to handle cases from Gindanao

o administrati,e super,ision exclusi,e upon the chairman

o appointment of labor arbiter by the president upon recommendation of nlrc en banc

o salaries' benefits and emoluments chairman and members of nlrc same rank' annual salary eAui,alent to presiding &ustice and associate &ustices of ca and the labor arbiters to that of &udges of the rtc

o lawyer insulting and making diatribes against the nlrc' sanctioned by the sc as he is a member of the bar and co,ered by the 790 o 0%7 has &urisdiction o,er action for declaratory relief filed by female flight attendants to Auestion the constitutionality of their compulsory age of retirement at ?? compared to male workers' on the ground of gender discrimination and ,iolation of con,ention eliminating worst form of discrimination against women. Issue is outside of grie,ance machinery and ,oluntary arbitration. (200) halaguena" o @istinction between an officer and an ee' for purposes of ascertaining &urisdiction (200) okol slimmerBs world international case" -lrc rules of procedure o 7ases within the &urisdiction of labor arbiter

o 7ases within the appellate &urisdiction of the nlrc 9ermissible grounds to dismiss complaint o -o &urisdiction o,er sub&ect matter o -o &urisdiction o,er the person ( ))? t8sgp larkins" LABOR Jan. 1 , 2012 Thursday (nder the international law doctrine of presumed-identity approach or processual presumption' when a foreign law is not pleaded or' e,en if pleaded' is not pro,ed' the presumption is that the foreign law is the same as ours (200> /@I-+taff 4uilders International" %he party in,oking the application of a foreign law has the burden of pro,ing the law' under the doctrine of processual presumption. %he phils. does not take &udicial notice of foreign laws. %hey must not only be alleged; they must be pro,en' in accordance with rule <2' secs. 2= and 2?' 037 (20 0 !%7I o,erseas corp." %he ee must pro,e fact of dismissal before er has the burden to pro,e ,alidity of dismissal (200) montederamos" 2e who alleges' not he who denies' must pro,e (2008 national union of workers in hotels' restaurants and allied industries" !ctions and8or agreements made by the parties during the conciliation proceedings before the labor arbiter are treated as pri,ileged communication under art. 2<<; thus' an offer of compromise does not constitute an admission against interest (200) pentagon steel corp." It is the erBs responsibility to ensure that the drug test would be properly administered' the results thereof being the bases in terminating the ees ser,ices (200) plantation bay resort and spa" !ppeal to the nlrc o Irounds to appeal /,idence submitted on appeal -o appeal' no relief Issues raised for the
st

time on appeal

G0 of the labor arbiterBs decision' a prohibited motion; when G0 treated as appeal 0eAuisites to perfect an appeal (200) lopeD"

Chen motion to reduce bond allowed; reAuisites (200) lopeD; 200) ramireD" 0einstatement pending appeal o -ature. ancillary relief under ra *> ? o 9urpose. to cushion ee and his family against impact of economic dislocation or abrupt loss of earnings ( ))< &ardine da,ies"

5immediately executory6 reAuires prompt compliance without need of writ of execution ( ))> pioneer texturing" 5immediately executory6' for the benefit of ee and not er. %hus' ee must be gi,en 50easonable time6 to comply; ? day period to comply was not sufficient (2002 buen,ia&e" how does an er comply with order of reinstatement pending appeal$ /ffect of non-compliance with order of reinstatement pending appeal$ (200< roAuero" Chen erBs failure to exercise option ,alid (200) garcia' en banc" 0esidual &urisdiction of the labor arbiter 9ower to ad&udicate of the nlrc ( ))2 ,enegas" o In&uncti,e power of the nlrc; reAuisites o !nti-in&unction ban; exceptions

0emedy from dismissal of appeal :inality of decision or order /xecution of decision of the labor arbiter o 0emedy from order of execution$ (200< king integrated security"

7ertiorari from nlrc decision o @octrine of hierarchy of courts ( ))8 st. martin funeral homes' en banc" o 7ertiorari' and not appeal ( )8) purefoods corp."

9eriod to file certiorari' interrupted when an G0 is filed with -;07 Gaterial data rule (200) ramireD"

/rBs officials or ees' authoriDed to sign the ,erification and certification without need of a board resolution i. chairperson of the board; ii. president; iii. general manager; i,. personnel officer; and ,. labor employment specialist (2008 97I tra,el corp.' citing 2008 cagayan ,alley drug corp." !n extension of time to file a petition for certiorari under rule *? from decision of nlrc is no longer allowed (200) laguna metts corp." 7ertiorari may co,er factual findings and conclusions of nlrc (200 agustilo; 200? limketkai sons" 7ourt of appeals can make factual determination under rule *? in finding whether there was I!@ or not on the part of the nlrc in affirming the decision of the labor arbiter (200) maralit" If during the pendency of the re,iew no in&uncti,e writ is issued en&oining the execution of a decision of the labor arbiter or nlrc which is fa,orable to an ee' the labor arbiter or the nlrc must exercise extreme prudence and obser,e &udicial courtesy when the circumstances so warrant (200> panuncillo" !ppeal to the sc o under rule =? and not rule *? (200) han&in hea,y industries" o Auestion of law ,s. Auestion of fact; exceptions o material data rule o annexes to the petition

execution o piercing the ,eil of corporate fiction; when allowed (200) pantranco ees association" o ? years to enforce by motion (2008 &.k. Gercado and sons"

right to self-organiDation; stateBs policy o to promote unionism to enable the workers to negotiate with management on the same le,el and with more persuasi,eness than if they were to indi,idually and independently bargain for the impro,ement of their respecti,e conditions ( )8) liberty flour mills"

how policy of unionism attained$

o %he consti guarantees the workers. !. right to self-organiDation 4. right to collecti,e bargaining and negotiations 7. right to peaceful concerted acti,ities

!. freedom of association o 4. negati,e freedom of association

%wo broad notions o ;iberty or freedom F the absence of legal restraint' whereby an ee may act for himself without being pre,ented by law; and o 9ower F whereby an ee may' as he pleases' &oin or refrain from &oining an association

I0. o %he ee decides for himself-to &oin or not an association o +hould he choose to &oin' to decide for himself F which association he would &oin o !nd e,en after he has &oined' he still retains the liberty and power to lea,e and cancel his membership with said organiDation at any time

%he right of any person to &oin an organiDation also includes the right to lea,e that organiDation and &oin another one o Gore so if the old union is dead; had ceased to exist' its certificate of registration had already been cancelled (200) the heritage hotel manila"

/xception. o %he right to refrain from &oining labor organiDation is' howe,er' limited. o It is withdrawn by operation of law' where the parties ha,e agreed on a closed shop ( )8< ,illar"

/xception to the exception. o !. members of the religious sect which prohibit affiliation of their members in such labor organiDation ( )>= basa"

o 4. ees who are already members of another union at the time of the signing of the cba (art. 2=8(e"' ;7" o 7. 7onfidential ees who are excluded from the bargaining unit (20 0 bank of phil. islands" o @. ees excluded by express terms of the agreement 7onstitutional basis o !rt. <' sec. <' )8> phil. consti F right to selforganiDation @octrine of incorporation o I;3 7on,ention no. 8> (freedom of association and protection of the right to organiDe cited in 20 heritage hotel manila" o I;3 7on,ention no. )8 (right to organiDe and collecti,e bargaining; cited in 200= standard chartered bank" +tatutory basis o . !rt. 2=< (co,erage and ees right to self-organiDation"

o 2. !rt. 2=? (ineligibility of managerial ees to &oin labor organiDation; right of super,isory ees; as amended by ra )=8 " ambulant' intermittent and itinerant workers' self-employed people' rural workers and those without definite ers' may form labor for their mutual aid and protection sec. 2 who may &oin labor unions and workers association F all ees of I377s without original charters established under the corpo code o pro,ided howe,er that super,isory ees shall not be eligible for membership in a labor union of the rank-andfile ees but may form' &oin or assist separate labor unions for purposes of collecti,e bargaining o managerial ees shall not be eligible to form' &oin or assist any labor unions for purposes of collecti,e bargaining (dole d.o. no. =0-0<" art. 2=?. Ineligibility of managerial ees to &oin any labor organiDation; right of super,isory ees o managerial ees are not eligible to &oin' assist or form any labor organiDation

o super,isory ees shall not be eligible for membership in a labor organiDation of the rank-and-file ees but may &oin' assist or form separate labor organiDations of their own art. 2=* non-abridgement of right to self-organiDation scope of right to self-organiDation o such right shall include the right to form' &oin or assist labor organiDations for the purpose of collecti,e bargaining through representati,es of their own choosing and to engage in lawful concerted acti,ities for the same purpose or for their mutual aid and protection' sub&ect to the pro,isions of art. 2*= (prohibited acti,ities" of this code. art. 2*). 9rohibitions against aliens; exceptions union membership o rank and file ees o super,isory ees F except that they shall not be eligible for membership in a labor union of the rank-and-file ees super,isory ees; concept o those who in the interest of the er effecti,ely recommend managerial actions if the exercise of such authority is not merely routinary or clerical in nature but reAuires the use of independent &udgment. o %hey refer to first le,el managers 0ight to self-organiDation of alien ees o Halid working permits issued by the @3;/ o -ationals of a country which grants the same or similar rights to :ilipino workers' as certified by the @:!' of which has ratified either i;3 7on,ention no. 8> (freedom of association and right to organiDe" and ilo con,ention no. )8 (right to organiDe and collecti,e bargaining" Ineligible ees o Ganagerial ees F they are those who is ,ested with powers or prerogati,es to lay down and execute management policies and8or hire' transfer' suspend' layoff' recall' discharge' assign or discipline ees (art. 2 2" these include the top and middle managers.

o 7onfidential ees F are those who ( " assist or act in a confidential capacity in regard (2" to persons who formulate' determine' and effectuate management policies (specifically in the field of labor relations" o %he confidential relationship must exist between the ee and his superior officer; and that officer must handle the prescribed responsibilities relating to labor relations -ot confidential ees o 0outine acti,ities of recording and monitoring and other paper works o 0ecei,ing telephone calls and filing of office correspondence o 9erform routine and mechanical tasks preparatory to the deli,ery of finished products (20 0 tunay na pagkakaisa" 0egistration of a labor organiDation; purpose o %o acAuire legal personality' and exercise the rights of a legitimate labor organiDation Godes of acAuiring legal personality o . 0egistration as an independent union

o 2. 7reation of an unregistered union as a chartered local (local8chapter" by a duly registered federation or national union note . from date of issue of charter certificate' the local or chapter acAuires legal personality for purposes of filing a petition for certification election. o !nd upon submission to @3;/ of other reAuirements' it shall be entitled to all other rights of legitimate labor organiDation' e.g. collecti,e bargaining -ote 2. registration of a labor organiDation after it has submitted the corresponding papers' not ministerial. o It becomes mandatory for the 4;0 to check if the reAuirements ha,e been complied with. -ote <. a trade union center is any group of registered national unions or federations organiDed for the mutual aid and protection of its members; for assisting such members in collecti,e bargaining; or for participating in the formulation of

social and employment policies' standards and programs (200> san Giguel employees union" o It cannot directly create a local or chapter. o <. !ffiliation with a duly registered federation or national union

January 2!, 2012 La"or Thursday Ga&or rights of legitimate labor union o !. to act as representati,e of its members for the purpose of collecti,e bargaining 0epresentati,e suit and not class suit

0ight to be certified; exclusi,e bargaining agent o 4. to be certified as exclusi,e bargaining agent of all the ees in an appropriate collecti,e bargaining unit for purposes of collecti,e bargaining 7ertification election Holuntary recognition

%he er may ,oluntarily recogniDe the representation status of a union in an unorganiDed establishments (200) stalucia east commercial" If it were not an unorganiDed establishment' as when there is another contending union which has a pending petition for certification election' the erBs ,oluntary recognition' the subseAuent negotiation of a cba' and resulting registration are ,oid and cannot bar the present petition for certification election (ibid" 7ertification election; nature o Gere in,estigation of a non-ad,ersary fact finding character to ascertain the desire of ees as to the matter of their representation o It is not a litigation (200) samahanngmgamanggagawa"

7ertification election; 2 fold purpose o :irst' to determine the appropriate bargaining unit; and

o +econd' to ascertain the ma&ority representation of the bargaining representati,e' if the ees desire to be represented at all by anyone (200) stalucia east" o -ot simply to know who between the contending unions won 7ertification election; procedure o . Cho may file (art. 2=2(b" and art. 2?8; rule 8' sec. " bargaining unit' concept

factors in determining the appropriate cbu. a. globe doctrine F will of the ees b. substantial mutual interest rule F substantial similarity of work and duties' or similarity of compensation and working conditions c. prior collecti,e bargaining history d. similarity of employment status

note . the er shall not be considered a party to the election with a concomitant right to oppose note 2. the erBs participation in such proceedings shall be limited to. o a. being notified or informed of petitions of such nature; and o b. submitting the list of ees during the pre-election conference should the med-arbiter act fa,orably on the petition

note <. a national union or federation filing a petition in behalf of its local8chapter shall not be reAuired to disclose the names of the local8chapterBs officers and members' but shall attach to the petition the charter certificate it issued to its local8chapter 2. Henue (rule 8' sec. 2" <. #urisdiction (!rt. 2?>" F med-arbiter =. Irounds for denial (rule 8' sec. =' art. 2?*" o the legitimacy of the legal personality of the union cannot be collaterally attacked in a petition for certification election proceedings but only through a

separate action for cancellation of union registration (20 legend international resorts" o an existing cba cannot constitute a bar to a filing of a petition for certification election. %he last sentence of art. 2?< which pro,ides for automatic renewal pertains only to the economic pro,isions of the cba' and does not include representational aspect of the cba (20 0 picop resources inc." o theees withdrawal from a labor union made before the filing of a petition for ce is presumed ,oluntary (2008 ss ,entures" while withdrawal after filing of such petition thru affida,its of recantation is considered to be in,oluntary and will not affect the petition for ce

consent election ancillary issues (rule 8' sec. *" the &uridical personality of a duly registered federation mayu not be attacked collaterally in a ce proceedings. %he proper procedure for the other contending union is to file a peti ?. !ppeal to the sec.8dole o unorganiDed o

LABOR January #0, 2012 Monday !n ee who has been dismissed from work but has contested the legality of the dismissal in a forum of appropriate &urisdiction at the time of the issuance of the order for the conduct of election shall be considered a Aualified ,oter' unless his dismissal was declared ,alid in a final &udgment at the time of the conduct of the election (see 200> yokohama tire phils" -ote . in a ce' all rank-and-file ees in the appropriate bargaining unit' whether probationary or permanent are entitled to ,ote.

o %hey ha,e substantial interest in the selection of the bargaining representati,e (200) national union of workers in hotels' restaurants and allied industries F manila pa,ilion hotel chapter" -ote 2. if an appeal is made from order granting or denying a petition' the er may hire additional ees during the pendency of the appeal. %hese ees e,en if probationary are eligible to ,ote. %he period of reckoning in determining the eligible ,oters would be the date when the order of the sec. becomes final and executory (ibid" 7e; procedure o >. 9roclamation of winner by the med-arbiter' there being a ,alid election to ha,e a ,alid election' at least a ma&ority of all eligible ,oters in the appropriate bargaining unit must ha,e cast their ,otes no protest has been filed' or e,en if one was filed' the same was not perfected within the ? day period for perfection of protest no challenge or eligibility issue was raised or e,en if one was raised' the resolution of the same will not materially change the result

the union which obtained a ma&ority of the ,alid ,otes cast shall be certified. @ouble ma&ority rule. for there to be a ,alid ce' ma&ority of the bargaining unit must ha,e ,oted and the winning union must ha,e garnered ma&ority of the ,alid ,otes cast (200) stalucia" :ailure of election o Chere the number of ,otes cast in a certification or consent election is less than the ma&ority of the number of eligible ,oters and there are not material challenged ,otes' the election officer shall declare a failure of election in the minutes of the election proceedings o ! failure of election shall not bar the filing of a motion for the immediate holding of another certification or consent election within * months from date of declaration of failure of election.

0un-off election

o !n election between the labor unions recei,ing the 2 highest number of ,otes in a certification or consent election with < or more choices' where none of the < or more choices recei,ing the ma&ority of the ,alid ,otes cast' pro,ided that the total number of ,otes for all contending unions is at least ?0K of the number of ,otes cast (200) stalucia" 0. -o motion for reconsideration (rule 8' sec. 2 " . 0emedy from order of sec8dole (rule *?' roc" c. to bargain collecti,ely; meet promptly; in good faith o single-enterprise bargaining o multi-er bargaining single-enterprise bargaining o . @ecentraliDed bargaining

o 2. 3nly one or single er is in,ol,ed o <. %akes place at the enterprise-le,el within the area where the union operates multi-er bargaining o . Industry-wide bargaining

o 2. %he unit structure where a number of ers &oin forces for purposes of collecti,e bargaining o <. Gay take place within many geographical subdi,isions' and may co,er a metropolitan area' a region or the whole country cba; the law between parties o where the cba reAuires payment of 7hristmas bonus' it cannot be repudiated on a feeble ground of business losses; otherwise it will ,iolate the principle of nondiminution of benefits (20 0 lepanto" o while the implementation of the cba may further deplete the erBs resources' its remedy though lies not in the courtBs in,alidation of such pro,ision but in the parties clarification of the same in subseAuent cba negotiations duration of cba; term o representation aspect F ? years

o other pro,isions (economic and non-economic" F renegotiated not later than < years while the parties may agree to extend the cbaBs original ? year term together with all other cba pro,isions (during the <rd year renegotiation period""' any such amendment or term in excess of ? years will not carry with it a change in the unionBs exclusi,e collecti,e bargaining status under art. 2?<-a' the exclusi,e bargaining status cannot go beyond ? years and the representation status is a legal matter not for the workplace parties to agree upon (200) f,c labor union" note . right to free collecti,e bargaining includes right to suspend it note 2. duty to bargain exists e,en if er is under suspension of operations note <. union has no right to compel the er to bargain collecti,ely if it is not the exclusi,e bargaining agent note =. union security clause has no binding effect during freedom period right to financial statements o d. to be furnished by the er' upon written reAuest' with the annual audited financial statements o note . refusal to furnish reAuested information is ulp (200= standard chartered bank" o note 2. reAuest of the union must be in writing right to participate 8policy and decision making o e. to participate in policy and decision making processes insofar as said processes will directly affect their rights' benefits and welfare' including establishment of labor management council workers and ers may form labor-management councils note . the formation of lmcs shall be promoted by the dole in organiDed and unorganiDed establishments note 2. except those which are co,ered by collecti,e bargaining agreements or are traditional areas of bargaining

note <. representati,es are elected directly by the ees at large in establishments where no legitimate labor organiDation exists' or nominated by the exclusi,e bargaining representati,e in the case of organiDed establishments note =. ,oluntary body; meet to identify and resol,e issues of common interest. %hese issues' if there is a union' are normally outside the cba note ?. non-ad,ersarial relationship; forum for discussion of problems that might otherwise de,elop into disputes note *. eAual footing and opportunity to both the management and the labor sector; instilling transparency' unity and sense of ownership; there is shared planning and shared decision note >. ;G7Bs are not substitute for collecti,e bargaining and are not a forum to replace the grie,ance procedure under a cba in organiDed establishments note 8. ;G7 may form se,eral committees such as personnel and policies' communications and concerns' producti,ity and Auality' recreation and socials' li,elihood and benefits' and safety and health

right to strike o e. to engage in peaceful concerted acti,ities boycott picketing strike

o liability of striking officers and striking members o 5slow down strike6; 5union recognition strike6 o

LABOR $%B. 1!, 2012 Thursday 5pre,enti,e mediation6; dropping of notice of strike in calendar is effect of con,ersion of notice of strike to pre,enti,e mediation

-7G4 has no coerci,e power; howe,er its proceedings should not be ,iolated by parties and strike must be resorted only after exhausting grie,ance Holuntary arbitration proceedings o !. the applicable law !rt. 2*0 !rt. 2* !rt. 2*2 2*2-a and 2*2-b

o 4. the applicable rules @ole d.o. no. =0-0<' as amended 0e,ised procedural guidelines in the conduct of ,oluntary arbitration proceedings

Irie,ance refers to any Auestion by either the er or the union regarding. o !. the interpretation or implementation of any pro,ision of the cba o 4. the interpretation or enforcement of company personnel policies

Irie,ance also includes those arising from the interpretation or enforcement of . o !. company rules and regulations o 4. personnel policies and established practices o 7. such other contro,ersy in,ol,ing er-ee relationship

7ba; concept o 7ontract between a legitimate labor union and the er concerning wages' hours of work' and all other terms and conditions of employment in a bargaining unit

4argaining unit; concept o Iroup of ees sharing mutual interests within a gi,en er unit' composed of all or less than all of the entire body of ees in the er unit or any specific occupational or geographical grouping within such er unit

7ompany personnel policy; concept

o Iuiding principles stated in broad' long range terms that express the philosophy or beliefs of an organiDationBs top authority regarding personnel matters o %hey deal with matters affecting efficiency and well being of ees and includes' among others' the procedure in the administration of wages' benefits' promotion' transfer and other personnel mo,ements which are not usually spelled out in the cba ( ))* san Giguel corporation" 4asic principles o %he reference to a grie,ance machinery is mandatory. o -o particular setup for a grie,ance machinery is mandated by law. In case a grie,ance arises' both the er and bargaining representati,e of the ees are reAuired to go through the grie,ance machinery. o Choe,er is aggrie,ed should initiate settlement of the grie,ance through the grie,ance machinery. %he failure of the parties to the cba to establish the grie,ance machinery and its una,ailability is not an excuse to dispense the same. o !ll that need to be done to set the machinery into motion is to call for the con,ening thereof. 2owe,er' where11.. Chen parties submit to the grie,ance procedure' the pendency thereof of the matter thus referred' affects the ripeness of any cause of action that may arise from said grie,ance. %he right of any ee or group of ees to' at any time' present grie,ances to the er does not imply the right to submit the same to ,oluntary arbitration (200) tabigue et al" Interpretation of cba; rule o In fa,or of labor o 7ba pro,isions on berea,ement lea,e and other benefits should be interpreted liberally to gi,e life to the intentions thereof. %hus' an ee whose unborn child died during deli,ery after a gestational life of <8-<) weeks is entitled to his claim (200) continental steel manufacturing"

9olicy of the state o %o promote ,oluntary arbitration as a mode of settling labor disputes ( ))? na,arro iii" o %he alternati,e dispute resolution act of 200= (ra )28?" does not apply to resolution or settlement of labor disputes under the labor code.

7oncept of arbitration o !rbitration is reference of a labor dispute to an impartial third person by such parties who ha,e bound themsel,es to accept the decision of the arbitrator as final and binding.

7lassification of arbitration o !. compulsory arbitration ! system whereby the parties to a dispute are compelled by the go,ernment to accept the resolution of their dispute through arbitration by a third party who is normally appointed by the go,ernment

o 4. ,oluntary arbitration 0eferral of a dispute is made by the parties' pursuant to a ,oluntary arbitration clause in their collecti,e agreement to an impartial third person for a final and binding resolution. %he essence of ,oluntary arbitration is that' it is by agreement of the parties' rather than1.

3ffice of ,a

o ! ,a is a Auasi-&udicial instrumentality. o 2e performs a state function pursuant to a go,ernmental power delegated to him under the lc ( ))? luDon de,elopment bank" o 0e,iew decision or award F 7! (nder rule =< #urisdiction of ,a; original and exclusi,e o !. all grie,ances arising from the implementation or inter11111 o 4. wage distortion1. o 7. unresol,ed grie,ances1.

o @. any other labor dispute' upon agreement of the parties1.. %erminologies; procedural guidelines o 9ermanent arbitrator o !d hoc arbitrator o +ubmission agreement o -otice to arbitrate o !rbitration clause 0ole of the -7G4 o Ii,en its functions under eo 2*' the ncmb is not a Auasi &udicial agency (200) tabigue" o Gediation is a process of resol,ing disputes with the aid of a neutral person who helps parties harmoniDe their interests in order to reach a mutually satisfying outcome @ifferent from arbitration o In mediation' the parties decide on how to resol,e the problem with the assistance of the mediator who stri,es for a win-win solution. o In arbitration' they surrender to the arbiter the sole right to make a decision on their problem. %hus in arbitration there is always a winner and there is always a loser. -ote . only disputes in,ol,ing the union and the company shall be referred to the grie,ance machinery or ,oluntary arbitrators. o Chere both the union and the company are united or ha,e come to an agreement regarding the dismissal of the workers' no grie,ance between them exists which could be brought to a grie,ance machinery ( ))2 sanyo" -ote 2. the grie,ance machinery with members designated by the union and the company cannot be expected to be impartial against the dismissed ees. o @ue process demands that the dismissed workersB grie,ances be ,entilated before an impartial body. +ince there has already been an actual termination' the matter falls within the &urisdiction of the labor arbiter.

-ote <. when the issue concerns an interpretation or implementation of the cba' we cannot immediately &ump to the conclusion that &urisdiction is with the ,oluntary arbitrator. o It is eAually important to inAuire further if the disputants in,ol,ed are the union and the er' otherwise' the ,oluntary arbitrator cannot assume &urisdiction.

-ote =. a drug abuse policy is a company personnel policy' since the policy states that illegal drug use puts at risk the integrity of the companyBs operations and the safety of its products. o It is detrimental to the health and safety of ees and is harmful to the welfare of families and surrounding communities. o It is a guiding principle adopted by the company to safeguard its ees welfare and ensure their efficiency and well being. +uch being the case' the dispute falls within the &urisdiction of the ,oluntary arbitrator.

u;9 o art. 2=> o conseAuentlyulps are not only ,iolations of the ci,il rights of both labor and management but are also criminal offenses against the state which shall be sub&ect t11.

ulp refers to acts that ,iolate the workerBs right to organiDe. %he prohibited acts are related to the workerBs right to selforganiDation and to the obser,ance of a cba. Cithout that elements' the acts' no matter how unfair' are not u;9 ( ))) great pacific" thus' issues of mis-implementation or non-implementation of ee benefits' non-payment of ot and other monetary claims' inadeAuate transpo allowance' water and other facilities are all a matter of implementation of the economic pro,isions of the cba sub&ect to grie,ance procedure and not ulp (200* philcom" noulp when er implemented a right-siDing program' which declared certain positions redundant' as it was not moti,ated by ill will' bad faith or malice' or that it was aimed at interfering with eesB right to self-organiDe. %he er e,en negotiated and consulted the union before implementation (20 culili" nature of ulp

o not an ordinary labor dispute. It is not only a ,iolation of the ci,il rights of both labor and management but is also a criminal offense against the state. It reAuires a more thorough analysis' e,aluation and appreciation of the factual and legal issues in,ol,ed ( ))> hsbc" types of ulp o yellow dog contract F is reAuiring as a condition of employment that' " he is not a member of the union' 2" if a member' he will resign' <" he will not &oin a labor union o run-away shop F is effecting a transfer of ownership' plant or eAuipment and machines purposely to bust the union or to e,ade payment of legitimate obligations. o 4lue sky bargaining is making exaggerated or unreasonable proposals o +urface bargaining is going through the motions of negotiating without any legal intent to reach an agreement o :eatherbedding is exacting or attempting to exact from an er compensation for ser,ice not rendered or not intended to be rendered cases of ulp o refusing to send a counterproposal to the cbuBs proposal for the renegotiation of its existing cba' a ,iolation of erBs duty to bargaing collecti,ely (200= general milling" o refusal to bargain with the union after the latter was certified as the collecti,e bargaining rep coupled with acts of economic inducements such as promotion of those who withdrew from the union' the use of armed guards to pre,ent the organiDers to come in' and the dismissal of union officials and members (200< hacienda :atima" o asking a union member to disclose the names of the members of the union and showing interest in the unioniDing acti,ities of the ees' and putting on rotation only members of the union. Interference with the right to self-organiDation may be committed e,en before the union has been registered ( ))> samahanngmgamanggagawa" o unilaterally closing its establishment on the pretext that the demands of its ees are excessi,e. /,en if these

demands were excessi,e or illegal' these would not &ustify the closure of high school and do not in any way establish the schoolBs good faith. %he remedy of the er' aside from submitting the dispute to arbitration' is to file a complaint for ulp against the union for bargaining in bad faith. (200* st. &ohn college" o refusal to recogniDe the labor organiDationBs affiliation despite the latterBs status of a federation. %he real moti,e in the sudden closure of its farm and the mass dismissal of the unionBs members was union busting' as only the union members were locked-out and the company subseAuently resumed operations of the closed farm under a new contract with the landowner (2008 purefoods" LABOR $e". 20, 2012 Monday ! contracting arrangement o 4usinessman with the aid of lawyers' ha,e tried to a,oid the bringing about an er-ee relationship in some of their enterprises because that &uridical relation spawns obligations connected with workmenBs compensation' social security' medicare' minimum wage' termination pay and unionism ( )) /7!;" !pplicable law and rules o !rts. 0* to 0)' ;7 o @3;/ @.3. -o. 8-a s. 20 o @ole d.o. no. =' s. 200 (security guards" o @ole cir. -o. ' s. 200> (cooperati,e" !rt. 0* !rt. 0> 0eason for contracting o !n er may contract out work which is part of the business for any number of reasons' such as economy' efficiency and expertise. !reas of contracting o . !ny &ob' work or ser,ice unrelated to the business operation of the company ex. #anitorial ser,ices ( ))0 kimberly independent labor union"

while these ser,ices may be considered directly related to the principal business of the er' ne,ertheless' they are not necessary in the conduct of the principal business of the er. ( ))< neri"

o 2. !ny &ob' work or ser,ice e,en if necessary or desirable to the business of the company when exercised in good faith and due to the exigency of its operations ex. 5distribution6 of beer products ( ))8 san Giguel brewery sales force union" o <. !ny contracts for construction pro&ects and for security' &anitorial and similar ser,ices (wage rationaliDation act" principles o in a contracting arrangement' there are 2 ers in,ol,ed directers are those with persons on their direct employ' i.e. under their direct super,ision or control' and indirecters are those hiring independent contractors with ees of their own' sub&ect to their control

2 types of statutory or indirect ers. o . /rs who ha,e regular ees and who contract out some phase of the work to independent contractors. %hey are. a. directers with respect to their regular ees b. principals in relation to the contractors; and c. statutory or indirect ers of their contractorBs ees to the extent of the work done for such ers

o 2. 9ersons who ha,e no ees' but who hire independent contractors to perform work. +uch persons are also 5principals6 relati,e to the independent contractors and 5indirect ers6 relati,e to the ees hired by the contractors labor contracting per se is not illegal; 5labor-only6 contracting is. o It is &ustified when it is undertaken in order to effectuate more economic and efficient methods of production ( ))) asian alcohol" or as part of the companyBs costsa,ing program ( ))2 de ocampo"

5labor-only6 contracting remains a prohibited acti,ity. o Chen labor-only contracting exists' the statute itself implies or establishes an er-ee relationship between the er (the owner of the pro&ect" and the ees of the laboronly contractor' for a comprehensi,e purpose. to pre,ent any ,iolation or circum,ention of any pro,ision of the labor code.

In effect' the law holds both the er and the 5labor-only6 contractor responsible to the latterBs ees for the more effecti,e safeguarding of the eesB rights under the labor code ( )8* philippine bank of communications" In effect' the contractorBs ees are considered as regular ees of the principal' who are entitled to all the benefits and rights appurtenant to a regular employment' from the date of their employment with the contractor if they perform acti,ities directly related to the principal business of the company. 7ontracting arrangement is one whereby a principal agrees to put out or farm out with a contractor the performance or completion of a specific &ob' work or ser,ice within a definite or predetermined period' regardless of whether such &ob' work or ser,ice is to be performed or completed within or outside the premises of the principal. @.o. no. 8 ,sd.o no. 8-a o +ilent on cooperati,es ,s applies to cooperati,es o @ept. cir. -o. ' s. 200> F clarifies applicability to cooperati,es o @oes not co,er pri,ate recruitment and placement agencies ,s prohibits contractors and subcontractors from engaging in recruitment and placement acti,ities o @oes not define bonds under art. 08 ,s defines bonds to answer for cost of labor; may also refer to security or guarantee for the payment of the ser,ices of the contractor o +ilent on whether contractor includes cooperati,es ,s1.. o 7ontractor performs or completes a specific &ob' work or ser,ice ,s contractor performs or completes a specific &ob' work or ser,ice by pro,iding either ser,ices' skilled workers or a combination of ser,ices

o +ilent ,s relie,er' seasonal' week-ender' temporary or promo &obber o @efines contractual ee,s defines contractorBs ee; includes regular ees of the contractor (e.g. administrati,e staff" o In-house agency refers to one enaged in the supply of labor-owned' managed or controlled by principal and operates solely for the principal ,s in-house agency refers to one owned' managed or controlled' directly or indirectly' by the principal and which operates solely or mainly for the principal; in-house agency refers to one where the principal owners8represents any share 1. o

-laiDa

o %he employee must pro,e fact of dismissal before employer has the burdent o proce ,alidity of dismissal (200) Gontederamos" o 2e who alleges' not he who denies' must pro,e (2008 -ational (nion of Corkers in 2otels' 0estaurants and !llied Industries" o !ctions and8or agreements made by the paries during the conciliation proceedings before the ;! are trated as pro,ileged communication under !rt 2<<; thus' an officer of compromise does not constitute an admission against interest (200) 9entagon +teel 7orp." Chy pri,ileged$ %o encourage the parties to enter into. %ehy will not be inhibited to say things. o It is the employers responsibility to ensure that the drug test would be properly administered' the results thereof neing the bases in terminating the employees ser,ices (200) 9lantation 4ay 0esprt and +pa" . +creening test F a test to determine whether the employee is using prohibited drugs 2. 7onfirmatory test F to determine what drug is used

o In lacage , +ulpicio' +7 held that the dismissal was illegal since confirmatory test cam before the screening te st o !ppeal to -;;07 = grounds to appeal

 /,idence submitted on appeal may not be considered it should be presented below -o appeal F no relief. 2e cannot get additional relief G0 of the ;!s decision is a prohibited motion o G0 to -;07 for one party -e need of a ,erification G0 treated as an appeal

Chen motion to reduce bond allowed; reAuuisites (200) ;opeD; 200) 0amireD . 3n meritorious cases $$$ 2. Gust be filed on during the reglementary period $$$

Reinstatement pending appeal o -ature. ancolliary relied under 0! *> ?

o 9urpose. to cushiopn employee and his famil against impact of economic disloication or abrupt loss of earnings ( ))< #ardine @a,ies" o !ward of reinstatement is due in case there is a finding of illegal dismissal

o 5Immediately executory6 reAuire prompt compliance without need of writ of execution ( ))> 9ioneer %exturing 7orp.'"

o 5immediately executory6' for the benefit of employee and not employer. %hus' employee must be gi,en reasonable time to comply' fi,e day period to comply was not sufficient (2002 4uen,ia&e" Gust be reinstated upon ser,ice of the decision o 2ow does na employer comply with order of reinstatement pending appeal$ 4y actual reinstatement or reinstatement in the payroll

o /ffect of non-compliance with ordeer ofd reinstatement pending appeal (200< 0oAuero" o . /mployer will be liable with the accrued salary. 2. ;iable for contempt Chen employerBs failure to exercise oprtion ,alid (200) Iarcia' /n 4anc" Chen placed under recei,ership

0esidual &urisdiction of the ;! ;! really losses &urisdiction; howe,er' it may still exercise residual &urisdiction Issue partial writ of execution pending appeal

o o o o o

9ower ti ad&udicate of the -;07 ( ))2 Henegas" In&uncti,e power of the -;07; reAuisite 0emedy from dismissal of appeal G0 within :inality 0 calendar days /xecution of decuison of the ;! 0emedy from order of executuion$ -o more (200< Ling Intergrated security"

Certirori from NLRC o o o o o @octrine of hierarchy of courts Io to 7! 0emedy is 7ertiori and not appeal from the decison of the ;! *0days to file certiorari' interrupted when filing an G0 Gaterial data rule +igning of forum shopping :or indi,idual F the indi,idual concerned :or 7orporation F authoriDed person I0. 4oard resolution

/M7/9%I3-. when it is already inherent in the natire of the possition o o o o . 7hairperson of the board 9resident IG 9ersonel officer

o ;abor /mployment +pecialist (2008 97I %ra,el 7orp.' citing 2008 7agayan Halley @rug 7orp" o !n /xtension of time to file petition for certionari under 0ule *? from decision of -;07 -o more

o +copoe. 7ertiorarti may co,er factuial findings and conclusions of -;07 (200 !gustilo" o 7! can make factual determination under rule *? in finding whether there was gra,e abise of discretion or not in thte part of -;07 in affirming the decision of the ;! (200) Garalit" Gore liberal in labor cases

o If during the pendency of the re,iew no in&uncti,e writ is issed en&oining the execution of a decision of the ;! or -;07 which is fa,orable to an employee' the ;! or the -;07 must execise extreme pridence and obser,e &udicial courtesy when the circumstances so warrant (200> 9anuncillo , 7!9 9hils" Appeal to SC o o o o (nder rule =? and nore rule *? Nuestion of fact , Auestion of fact 0eAuires to asses and re,iew the e,idence present F Auestion of fact Gaterial data rule !nnexes to the petition 7ertified true copy of the decision

Executuion o o o 9reewcution conference If the corporation has already closed Implead the oweners 9iercing t&he ,eil of corporate fiction ? years to enforce by motion (2008 !fter ? years F re,i,al of &udgment

7hairman and 2< commissioners 89ublic sector F appointed by the 9resident 8 workers organiDation

8 employers organiDation

o o o

Salaries and emoluments -kd&gkd

!ll claims must be pealded 7ompromise is go,erned by ci,il code

o must be in writing and duly appro,ed by the ;! (of pending by ;!"' ir by the di,ision87ommisiopn (if -;07" o o o . Holuntaritly 2. -o fraud or deceit <. !mount in,ol,ed is credible and reasonalbele 0emedy is to fuikled with ;! to set aside the comprimise

o =. Gust not ne contrary to law... (200) goodrich Ganufacturing 7orp' citing 9eriAuet" o

o ;awyer insulting and making diatribes against the -;07' sanctioned by +7 as he is a member of the 4ar and co,ered by the 7ode of 9rofessional 0sponsibility o 0%7 has &urisdictio o,er action for declaratory relief filed by female flight attendants to Auestion the constitutionality of their compulsory age of rektirement at ?? compared to mnale workers' on the ground of gender discrimination and ,biolation of con,ention eliminating worst form of discrimination agaist women' issue is oitsude of grie,ance and H! (200) 2alaguena" @oes not in,ol,e the interpretation and ..... of 74!...

o @istincetion between an officer and an employee' for purposes of ascertaining &urisdiction (200) 3kol (+limmers world international case"" insert case doctrine