Bar Review Guide on Labor Law 2010 Bar Examinations

Prof. Joselito Guianan Chan

STATEMENT OF COVERAGE
This Bar Review Guide is presented in the form of an outline of basic
principles which bar reiewees ma! use as a "uic# $uide on the si$nificant areas of
labor law in the %&'& (ar E)amination* This is presented in fie +,- parts. PART
ONE coers New /aws0 PART TWO coers (oo#s ' to 1 of the /abor Code and some
important social le$islation0 PART THREE coers (oo# ,0 PART FOUR coers (oo#s
2 and 3 of the /abor Code0 and PART FIVE features the coera$e of the %&'& (ar
E)amination in /abor /aw and a sure! of all "uestions $ien in the (ar
E)amination in /abor /aw for the last twent! +%&- !ears 4 from '55& to %&&5*
LB!R L"# !$ %&E P&'L'PP'(E#
PART ONE
(E" L"#
What are the new laws affecting labor law?
There are seven (7) laws that have been enacted lately which have significant
impact on labor laws. They are as follows:
1. REPUBLIC ACT No. 10022 - AN AT A!"N#$N% &"'()*$ AT N+. ,-./0
+T1"&2$3" 4N+2N A3 T1" !$%&ANT 2+&4"&3 AN# +5"&3"A3 6$*$'$N+3 AT
+6 78890 A3 A!"N#"#0 6(&T1"& $!'&+5$N% T1" 3TAN#A&# +6 '&+T"T$+N
AN# '&+!+T$+N +6 T1" 2"*6A&" +6 !$%&ANT 2+&4"&30 T1"$& 6A!$*$"3
AN# +5"&3"A3 6$*$'$N+3 $N #$3T&"330 AN# 6+& +T1"& '(&'+3"3. [Approved on
March 08, 2010].
2. REPUBLIC ACT N. !8"! - AN AT #"*A&$N% T1" T"NT1 #A: +6 ;1(* 1$<<A0
T1" T2"*6T1 !+NT1 +6 T1" $3*A!$ A*"N#A&0 A NAT$+NA* 1+*$#A:
6+& T1" +)3"&5AN" +6 "$#(*A#1A0 6(&T1"& A!"N#$N% 6+& T1"
'(&'+3" 3"T$+N /=0 1A'T"& 70 )++4 $ +6 ">"(T$5" +&#"& N+. /8/0
+T1"&2$3" 4N+2N A3 T1" A#!$N$3T&AT$5" +#" +6 78,70 A3 A!"N#"#.
[Approved on #ece$%er 11, 200!].
&. REPUBLIC ACT N. !'10 - AN AT '&+5$#$N% 6+& T1" !A%NA A&TA +6
2+!"N [Approved on A()(*+ 1", 200!].
". REPUBLIC ACT N. !"!2 - AN AT &AT$+NA*$;$N% T1" "*")&AT$+N +6
NAT$+NA* 1+*$#A:3 A!"N#$N% 6+& T1" '(&'+3" 3"T$+N /=0 1A'T"& 70
)++4 $ +6 ">"(T$5" +&#"& N+. /8/0 A3 A!"N#"#0 +T1"&2$3" 4N+2N A3
T1" A#!$N$3T&AT$5" +#" +6 78,7 [Approved on ,(-. 2/, 200'].
/. REPUBLIC ACT N. !"81 - AN AT 3T&"N%T1"N$N% T1" 2+&4"&3?
+N3T$T(T$+NA* &$%1T T+ 3"*6-+&%AN$;AT$+N0 A!"N#$N% 6+& T1"
'(&'+3" '&"3$#"NT$A* #"&"" N+. ../0 A3 A!"N#"#0 +T1"&2$3" 4N+2N
7
Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
A3 T1" *A)+& +#" +6 T1" '1$*$''$N"3 0Lap*ed 1n+o -a2 on Ma. 2/, 200' and
%eca$e e33ec+1ve on ,(ne 1", 200'4.
5. REPUBLIC ACT N. !"22 - AN AT T+ 3T&"N%T1"N T1" &"%(*AT+&:
6(NT$+N3 +6 T1" '1$*$''$N" +5"&3"A3 "!'*+:!"NT A#!$N$3T&AT$+N
('+"A). [Approved on Apr1- 10, 200'].
'. REPUBLIC ACT N. !&"' - AN AT &AT$+NA*$;$N% T1" +!'+3$T$+N AN#
6(NT$+N3 +6 T1" NAT$+NA* *A)+& &"*AT$+N3 +!!$33$+N0 A!"N#$N%
6+& T1$3 '(&'+3" A&T$*" /7@0 /7.0 /79 AN# /7= +6 '.#. N+. ../0 A3 A!"N#"#0
+T1"&2$3" 4N+2N A3 T1" *A)+& +#" +6 T1" '1$*$''$N"3. [Lap*ed 1n+o -a2
on ,UL6 2', 2005, 21+ho(+ +he *1)na+(re o3 +he Pre*1den+, 1n accordance 21+h Ar+1c-e 7I,
8ec+1on 2' 014 o3 +he Con*+1+(+1on].
What are the provisions of the above-mentioned laws pertinent to labor
law?
I. REPUBLIC ACT No. 10022
This law amended several provisions of &.A. No. ,-./ A!igrant 2orBers and +verseas
6ilipinos Act of 7889C0 the most noteworthy of which are as follows:
1. Ne2 de31n1+1on o3 9ver*ea* :1-1p1no ;or<er.=
"Overseas Filipino worker" refers to a person who is to be engaged0 is engaged
or has been engaged in a remDnerated activity in a state of which he or she is not a citiEen
or on board a vessel navigating the foreign seas other than a government ship Dsed for
military or non-commercial pDrposes or on an installation located offshore or on the high
seasF to be Dsed interchangeably with migrant worBer.G (Amending Section 3, paragraph
(a) of Republic Act No. 8042, a amended).
2. #ep-o.$en+ o3 $1)ran+ 2or<er* on-. +o co$p-1an+ co(n+r1e*.
The 3tate shall allow the deployment of overseas 6ilipino worBers only in
coDntries where the rights of 6ilipino migrant worBers are protected. The government
recogniEes any of the following as a gDarantee on the part of the receiving coDntry for the
protection of the rights of overseas 6ilipino worBers:
(a) $t has eHisting labor and social laws protecting the rights of worBers0
inclDding migrant worBersF
(b) $t is a signatory to andIor a ratifier of mDltilateral conventions0 declarations or
resolDtions relating to the protection of worBers0 inclDding migrant worBersF
and
(c) $t has conclDded a bilateral agreement or arrangement with the government on
the protection of the rights of overseas 6ilipino 2orBers:
!ro"ided, That the receiving coDntry is taBing positive0 concrete measDres to
protect the rights of migrant worBers in fDrtherance of any of the gDarantees Dnder
sDbparagraphs (a)0 (b) and (c) hereof.
$n the absence of a clear showing that any of the aforementioned gDarantees
eHists in the coDntry of destination of the migrant worBers0 no permit for deployment
shall be issDed by the 'hilippine +verseas "mployment Administration ('+"A).
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Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
The members of the '+"A %overning )oard who actDally voted in favor of an
order allowing the deployment of migrant worBers withoDt any of the aforementioned
gDarantees shall sDffer the penalties of removal or dismissal from service with
disJDalification to hold any appointive pDblic office for five (9) years0 6Drther0 the
government official or employee responsible for the issDance of the permit or for
allowing the deployment of migrant worBers in violation of this section and in direct
contravention of an order by the '+"A %overning )oard prohibiting deployment shall be
meted the same penalties in this section.
6or this pDrpose0 the #epartment of 6oreign Affairs0 throDgh its foreign posts0
shall issDe a certification to the '+"A0 specifying therein the pertinent provisions of the
receiving coDntry?s laborIsocial law0 or the conventionIdeclarationIresolDtion0 or the
bilateral agreementIarrangement which protect the rights of migrant worBers.
The 3tate shall also allow the deployment of overseas 6ilipino worBers to vessels
navigating the foreign seas or to installations located offshore or on high seas whose
ownersIemployers are compliant with international laws and standards that protect the
rights of migrant worBers.
The 3tate shall liBewise allow the deployment of overseas 6ilipino worBers to
companies and contractors with international operations: !ro"ided, That they are
compliant with standards0 conditions and reJDirements0 as embodied in the employment
contracts prescribed by the '+"A and in accordance with internationally-accepted
standards.G (Amending Section 4 of Republic Act No. 8042, a amended).
&. Ter$1na+1on or Ban on #ep-o.$en+.
Notwithstanding the provisions of 3ection . hereof (3ee above)0 in pDrsDit of the
national interest or when pDblic welfare so reJDires0 the '+"A %overning )oard0 after
consDltation with the #epartment of 6oreign Affairs0 may0 at any time0 terminate or
impose a ban on the deployment of migrant worBers.G (Amending Section # of Republic
Act No. 8042, a amended).
". Ne2 de31n1+1on o3 I--e)a- recr(1+$en+.
6or pDrposes of this Act0 illegal recrDitment shall mean any act of canvassing0
enlisting0 contracting0 transporting0 DtiliEing0 hiring0 or procDring worBers and inclDdes
referring0 contract services0 promising or advertising for employment abroad0 whether for
profit or not0 when DndertaBen by non-licensee or non-holder of aDthority contemplated
Dnder Article 7@(f) of 'residential #ecree No. ../0 as amended0 otherwise Bnown as the
*abor ode of the 'hilippines: !ro"ided, That any sDch non-licensee or non-holder who0
in any manner0 offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged. $t shall liBewise inclDde the following acts0 whether
committed by any person0 whether a non-licensee0 non-holder0 licensee or holder of
aDthority:
(a) To charge or accept directly or indirectly any amoDnt greater than that
specified in the schedDle of allowable fees prescribed by the 3ecretary of *abor and
"mployment0 or to maBe a worBer pay or acBnowledge any amoDnt greater than that
actDally received by him as a loan or advanceF
(b) To fDrnish or pDblish any false notice or information or docDment in relation
to recrDitment or employmentF
(c) To give any false notice0 testimony0 information or docDment or commit any
act of misrepresentation for the pDrpose of secDring a license or aDthority Dnder the *abor
@
Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
ode0 or for the pDrpose of docDmenting hired worBers with the '+"A0 which inclDde
the act of reprocessing worBers throDgh a Kob order that pertains to noneHistent worB0
worB different from the actDal overseas worB0 or worB with a different employer whether
registered or not with the '+"AF
(d) To inclDde or attempt to indDce a worBer already employed to JDit his
employment in order to offer him another Dnless the transfer is designed to liberate a
worBer from oppressive terms and conditions of employmentF
(e) To inflDence or attempt to inflDence any person or entity not to employ any
worBer who has not applied for employment throDgh his agency or who has formed0
Koined or sDpported0 or has contacted or is sDpported by any Dnion or worBers?
organiEationF
(f) To engage in the recrDitment or placement of worBers in Kobs harmfDl to
pDblic health or morality or to the dignity of the &epDblic of the 'hilippinesF
(h) To fail to sDbmit reports on the statDs of employment0 placement vacancies0
remittance of foreign eHchange earnings0 separation from Kobs0 departDres and sDch other
matters or information as may be reJDired by the 3ecretary of *abor and "mploymentF
(i) To sDbstitDte or alter to the preKDdice of the worBer0 employment contracts
approved and verified by the #epartment of *abor and "mployment from the time of
actDal signing thereof by the parties Dp to and inclDding the period of the eHpiration of the
same withoDt the approval of the #epartment of *abor and "mploymentF
(K) 6or an officer or agent of a recrDitment or placement agency to become an
officer or member of the )oard of any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of travel agencyF
(B) To withhold or deny travel docDments from applicant worBers before
departDre for monetary or financial considerations0 or for any other reasons0 other than
those aDthoriEed Dnder the *abor ode and its implementing rDles and regDlationsF
(l) 6ailDre to actDally deploy a contracted worBer withoDt valid reason as
determined by the #epartment of *abor and "mploymentF
(m) 6ailDre to reimbDrse eHpenses incDrred by the worBer in connection with his
docDmentation and processing for pDrposes of deployment0 in cases where the
deployment does not actDally taBe place withoDt the worBer?s faDlt. $llegal recrDitment
when committed by a syndicate or in large scale shall be considered an offense involving
economic sabotageF and
(n) To allow a non-6ilipino citiEen to head or manage a licensed
recrDitmentImanning agency.
$llegal recrDitment is deemed committed %. a *.nd1ca+e if carried oDt by a groDp
of three (@) or more persons conspiring or confederating with one another. $t is deemed
committed 1n -ar)e *ca-e if committed against three (@) or more persons individDally or
as a groDp.
$n addition to the acts enDmerated above0 it shall also be DnlawfDl for any person
or entity to commit the following prohibited acts:
(7) %rant a loan to an overseas 6ilipino worBer with interest eHceeding eight
percent (,L) per annDm0 which will be Dsed for payment of legal and allowable
placement fees and maBe the migrant worBer issDe0 either personally or throDgh a
gDarantor or accommodation party0 postdated checBs in relation to the said loanF
.
Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
(/) $mpose a compDlsory and eHclDsive arrangement whereby an overseas
6ilipino worBer is reJDired to avail of a loan only from specifically designated
institDtions0 entities or personsF
(@) &efDse to condone or renegotiate a loan incDrred by an overseas 6ilipino
worBer after the latter?s employment contract has been prematDrely terminated throDgh no
faDlt of his or her ownF
(.) $mpose a compDlsory and eHclDsive arrangement whereby an overseas
6ilipino worBer is reJDired to Dndergo health eHaminations only from specifically
designated medical clinics0 institDtions0 entities or persons0 eHcept in the case of a
seafarer whose medical eHamination cost is shoDldered by the principalIshipownerF
(9) $mpose a compDlsory and eHclDsive arrangement whereby an overseas
6ilipino worBer is reJDired to Dndergo training0 seminar0 instrDction or schooling of any
Bind only from specifically designated institDtions0 entities or persons0 eHcept for
recommendatory trainings mandated by principalsIshipowners where the latter shoDlder
the cost of sDch trainingsF
(=) 6or a sDspended recrDitmentImanning agency to engage in any Bind of
recrDitment activity inclDding the processing of pending worBers? applicationsF and
(7) 6or a recrDitmentImanning agency or a foreign principalIemployer to pass on
the overseas 6ilipino worBer or dedDct from his or her salary the payment of the cost of
insDrance fees0 premiDm or other insDrance related charges0 as provided Dnder the
compDlsory worBer?s insDrance coverage.
The persons criminally liable for the above offenses are the principals0
accomplices and accessories. $n case of KDridical persons0 the officers having ownership0
control0 management or direction of their bDsiness who are responsible for the
commission of the offense and the responsible employeesIagents thereof shall be liable.
$n the filing of cases for illegal recrDitment or any of the prohibited acts Dnder
this section0 the 3ecretary of *abor and "mployment0 the '+"A Administrator or their
dDly aDthoriEed representatives0 or any aggrieved person may initiate the corresponding
criminal action with the appropriate office. 6or this pDrpose0 the affidavits and
testimonies of operatives or personnel from the #epartment of *abor and "mployment0
'+"A and other law enforcement agencies who witnessed the acts constitDting the
offense shall be sDfficient to prosecDte the accDsed.
$n the prosecDtion of offenses pDnishable Dnder this section0 the pDblic
prosecDtors of the #epartment of <Dstice shall collaborate with the anti-illegal recrDitment
branch of the '+"A and0 in certain cases0 allow the '+"A lawyers to taBe the lead in the
prosecDtion. The '+"A lawyers who act as prosecDtors in sDch cases shall be entitled to
receive additional allowances as may be determined by the '+"A Administrator.
The filing of an offense pDnishable Dnder this Act shall be withoDt preKDdice to
the filing of cases pDnishable Dnder other eHisting laws0 rDles or regDlations. (Amending
Section $ of Republic Act No. 8042, a amended).
/. Ne2 *che$e o3 pena-+1e* 3or 1--e)a- recr(1+$en+.
(a) Any person foDnd gDilty of illegal recrDitment shall sDffer the penalty of
imprisonment of not less than twelve (7/) years and one (7) day bDt not more than
twenty (/-) years and a fine of not less than +ne million pesos ('70---0---.--) nor
more than Two million pesos ('/0---0---.--).
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Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
(b) The penalty of life imprisonment and a fine of not less than Two million pesos
('/0---0---.--) nor more than 6ive million pesos ('90---0---.--) shall be imposed
if illegal recrDitment constitDtes economic sabotage as defined therein.
!ro"ided, ho%e"er, That the maHimDm penalty shall be imposed if the person
illegally recrDited is less than eighteen (7,) years of age or committed by a non-
licensee or non-holder of aDthority.
(c) Any person foDnd gDilty of any of the prohibited acts shall sDffer the penalty of
imprisonment of not less than siH (=) years and one (7) day bDt not more than twelve
(7/) years and a fine of not less than 6ive hDndred thoDsand pesos ('9--0---.--)
nor more than +ne million pesos ('70---0---.--).
$f the offender is an alien0 he or she shall0 in addition to the penalties herein
prescribed0 be deported withoDt fDrther proceedings.
$n every case0 conviction shall caDse and carry the aDtomatic revocation of the
license or registration of the recrDitmentImanning agency0 lending institDtions0 training
school or medical clinic. (Amending Section & of Republic Act No. 8042, a amended).
5. Mone. c-a1$* o3 :;*.
G3". 7-. 'one( )laim. - Notwithstanding any provision of law to the contrary0
the *abor Arbiters of the National *abor &elations ommission (N*&) shall have the
original and eHclDsive KDrisdiction to hear and decide0 within ninety (8-) calendar days
after the filing of the complaint0 the claims arising oDt of an employer-employee
relationship or by virtDe of any law or contract involving 6ilipino worBers for overseas
deployment inclDding claims for actDal0 moral0 eHemplary and other forms of damage.
onsistent with this mandate0 the N*& shall endeavor to Dpdate and Beep abreast with
the developments in the global services indDstry.
GThe liability of the principalIemployer and the recrDitmentIplacement agency for
any and all claims Dnder this section shall be Koint and several. This provision shall be
incorporated in the contract for overseas employment and shall be a condition precedent
for its approval. The performance bond to be filed by the recrDitmentIplacement agency0
as provided by law0 shall be answerable for all money claims or damages that may be
awarded to the worBers. $f the recrDitmentIplacement agency is a KDridical being0 the
corporate officers and directors and partners as the case may be0 shall themselves be
Kointly and solidarily liable with the corporation or partnership for the aforesaid claims
and damages.
G3Dch liabilities shall continDe dDring the entire period or dDration of the
employment contract and shall not be affected by any sDbstitDtion0 amendment or
modification made locally or in a foreign coDntry of the said contract.
GAny compromiseIamicable settlement or volDntary agreement on money claims
inclDsive of damages Dnder this section shall be paid within thirty (@-) days from
approval of the settlement by the appropriate aDthority.
G$n case of termination of overseas employment withoDt KDst0 valid or aDthoriEed
caDse as defined by law or contract0 or any DnaDthoriEed dedDctions from the migrant
worBer?s salary0 the worBer shall be entitled to the fDll reimbDrsement of his placement
fee and the dedDctions made with interest at twelve percent (7/L) per annDm0 p-(* h1*
=
Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
*a-ar1e* 3or +he (ne>p1red por+1on o3 h1* e$p-o.$en+ con+rac+ or 3or +hree 0&4
$on+h* 3or ever. .ear o3 +he (ne>p1red +er$, 2h1chever 1* -e**.
1

G$n case of a final and eHecDtory KDdgment against a foreign employerIprincipal0
it shall be aDtomatically disJDalified0 withoDt fDrther proceedings0 from participating in
the 'hilippine +verseas "mployment 'rogram and from recrDiting and hiring 6ilipino
worBers Dntil and Dnless it fDlly satisfies the KDdgment award.
GNoncompliance with the mandatory periods for resolDtions of cases provided
Dnder this section shall sDbKect the responsible officials to any or all of the following
penalties:
G(a) The salary of any sDch official who fails to render his decision or resolDtion
within the prescribed period shall be0 or caDsed to be0 withheld Dntil the said
official complies therewithF
G(b) 3Dspension for not more than ninety (8-) daysF or
G(c) #ismissal from the service with disJDalification to hold any appointive
pDblic office for five (9) years.
G!ro"ided, ho%e"er, That the penalties herein provided shall be withoDt
preKDdice to any liability which any sDch official may have incDrred Dnder other eHisting
laws or rDles and regDlations as a conseJDence of violating the provisions of this
paragraph.G (Amending Section *0 of Republic Act No. 8042, a amended).
????????????????????oo??????????????????????
II. REPUBLIC ACT No. !8"! and REPUBLIC ACT N. !"!2.
These two (/) laws deal with celebration of regDlar and special holidays.
&.A. No. 8.8/ AApproved on <Dly /90 /--7C0 introdDces Eidul Fitr as a new regDlar
holidayF while &.A. No. 8,.8 AApproved on #ecember 770 /--8C0 introdDces Eidul Adha as a
new regDlar holiday.
onseJDent to these laws0 the total nDmber of gDaranteed paid regDlar holidays is
T2"*5" (7/) per year.
1ereDnder are the holidays mandated Dnder &.A. No. 8,.8 to be celebrated in the
coDntry:
0a4 Re)(-ar @o-1da.*
New :ear?s #ay -<anDary 7
!aDndy ThDrsday - !ovable #ate
%ood 6riday - !ovable #ate
7
The phrase )lus his salaries for the unex)ired )ortion of his
em)lo*ment +ontra+t or for three ,-. months for ever* *ear of the
unex)ired term/ whi+hever is lesshas already been declared unconstitutional
in Antonio M. Serrano v. Gallant Maritime Services, Inc., [G.R. No. 167614, March 4,
!!"#. $t is thus a source o% &onder &hy 'on(ress replicated the sa)e phrase in
this latest a)end)ent to *ection 1! o% R.+. No. ,!4 &hich &as enacted on March
,, !1!.
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Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
"idDl 6itr - !ovable #ate
"idDl Adha - !ovable #ate
Araw ng 4agitingan
()ataan and orregidor #ay)
- !onday nearest April 8
*abor #ay - !onday nearest !ay 7
$ndependence #ay - !onday nearest <Dne 7/
National 1eroes #ay - *ast !onday of ADgDst
)onifacio #ay - !onday nearest November @-
hristmas #ay - #ecember /9
&iEal #ay - !onday nearest #ecember @-
0%4 Na+1on21de 8pec1a- @o-1da.*
Ninoy AJDino #ay - !onday nearest ADgDst /7
All 3aints #ay - November 7
*ast #ay of the :ear - #ecember @7
The same rDle on the recBoning of holidays enDnciated in &.A. No. 8.8/ has been
replicated in &.A. No. 8,.8. ThDs0 in the event the holiday falls on a 2ednesday0 the holiday will
be observed on the !onday of the weeB. $f the holiday falls on a 3Dnday0 the holiday will be
observed on the !onday that follows: !ro"ided, That for movable holidays0 the 'resident shall
issDe a proclamation0 at least siH (=) months prior to the holiday concerned0 on the specific date
which shall be declared as a nonworBing day.
????????????????????oo??????????????????????
III. REPUBLIC ACT No. !'10
T@E MAANA CARTA : ;MEN
1. #ec-ara+1on o3 Po-1c..
Declaration of Policy. - &ecogniEing that the economic0 political0 and socio-
cDltDral realities affect women?s cDrrent condition0 the 3tate affirms the role of women in
nation bDilding and ensDres the sDbstantive eJDality of women and men. $t shall promote
empowerment of women and pDrsDe eJDal opportDnities for women and men and ensDre
eJDal access to resoDrces and to development resDlts and oDtcome. 6Drther0 the 3tate
realiEes that eJDality of men and women entails the abolition of the DneJDal strDctDres
and practices that perpetDate discrimination and ineJDality. To realiEe this0 the 3tate shall
endeavor to develop plans0 policies0 programs0 measDres0 and mechanisms to address
discrimination and ineJDality in the economic0 political0 social0 and cDltDral life of
women and men.
The 3tate condemns discrimination against women in all its forms and pDrsDes by
all appropriate means and withoDt delay the policy of eliminating discrimination against
women in Beeping with the onvention on the "limination of All 6orms of
#iscrimination Against 2omen ("#A2) and other international instrDments consistent
with 'hilippine law. The 3tate shall accord women the rights0 protection0 and
opportDnities available to every member of society.
,
Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
The 3tate affirms women?s rights as hDman rights and shall intensify its efforts to
fDlfill its dDties Dnder international and domestic law to recogniEe0 respect0 protect0 fDlfill0
and promote all hDman rights and fDndamental freedoms of women0 especially
marginaliEed women0 in the economic0 social0 political0 cDltDral0 and other fields withoDt
distinction or discrimination on accoDnt of class0 age0 seH0 gender0 langDage0 ethnicity0
religion0 ideology0 disability0 edDcation0 and statDs. The 3tate shall provide the necessary
mechanisms to enforce women?s rights and adopt and DndertaBe all legal measDres
necessary to foster and promote the eJDal opportDnity for women to participate in and
contribDte to the development of the political0 economic0 social0 and cDltDral realms.
The 3tate0 in ensDring the fDll integration of women?s concerns in the mainstream
of development0 shall provide ample opportDnities to enhance and develop their sBills0
acJDire prodDctive employment and contribDte to their families and commDnities to the
fDllest of their capabilities.
$n pDrsDance of this policy0 the 3tate reaffirms the right of women in all sectors
to participate in policy formDlation. planning0 organiEation0 implementation0
management0 monitoring0 and evalDation of all programs0 proKects0 and services. $t shall
sDpport policies0 researches0 technology0 and training programs and other sDpport
services sDch as financing0 prodDction0 and marBeting to encoDrage active participation of
women in national development. (Section 2 thereof).
2. #e31n1+1on* o3 re-evan+ +er$*.
(a) +,omen -mpo%erment+ refers to the provision0 availability0 and accessibility of
opportDnities0 services0 and observance of hDman rights which enable women to
actively participate and contribDte to the political0 economic0 social0 and cDltDral
development of the nation as well as those which shall provide them eJDal access to
ownership0 management0 and control of prodDction0 and of material and
informational resoDrces and benefits in the family0 commDnity0 and society.
(b) +.icrimination Againt ,omen+ refers to any gender-based distinction0 eHclDsion0
or restriction which has the effect or pDrpose of impairing or nDllifying the
recognition0 enKoyment0 or eHercise by women0 irrespective of their marital statDs0
on a basis of eJDality of men and women0 of hDman rights and fDndamental
freedoms in the political0 economic0 social0 cDltDral0 civil0 or any other field.
$t inclDdes any act or omission0 inclDding by lawF policy0 administrative measDre0 or
practice0 that directly or indirectly eHclDdes or restricts women in the recognition
and promotion of their rights and their access to and enKoyment of opportDnities0
benefits0 or privileges.
A measDre or practice of general application is discrimination against women if it
fails to provide for mechanisms to offset or address seH or gender-based
disadvantages or limitations of women0 as a resDlt of which women are denied or
restricted in the recognition and protection of their rights and in their access to and
enKoyment of opportDnities0 benefits0 or privilegesF or women0 more than men0 are
shown to have sDffered the greater adverse effects of those measDres or practices.
!ro"ided0 finall(0 That discrimination compoDnded by or intersecting with other
groDnds0 statDs0 or condition0 sDch as ethnicity0 age0 poverty0 or religion shall be
considered discrimination against women Dnder this Act.
(c) +,or/er in the 0ormal -conom(+ refers to those who are employed by any person
acting directly or indirectly in the interest of an employer in relation to an employee
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and shall inclDde the government and all its branches0 sDbdivisions0 and
instrDmentalities0 all government- owned and -controlled corporations and
institDtions0 as well as nonprofit private institDtions or organiEations.
(d) +,or/er in the 1nformal -conom(+ refers to self-employed0 occasionally or
personally hired0 sDbcontracted0 paid and Dnpaid family worBers in hoDsehold0
incorporated and Dnincorporated enterprises0 inclDding home worBers0 micro-
entrepreneDrs and prodDcers0 and operators of sari-sari stores and all other categories
who sDffer from violation of worBers? rights.
(e) +'igrant ,or/er+ refers to 6ilipinos who are to be engaged0 are engaged0 or have
been engaged in a remDnerated activity in a 3tate of which they are not legal
residents0 whether docDmented or DndocDmented.
&. 8pec1a- Leave Bene31+* 3or ;o$en.
A woman employee having rendered continDoDs aggregate employment service
of at least siH (=) months for the last twelve (7/) months shall be entitled to a special
leave benefit of two (/) months with fDll pay based on her gross monthly compensation
following sDrgery caDsed by gynecological disorders.
". R1)h+ +o #ecen+ ;or<.
The 3tate shall progressively realiEe and ensDre decent worB standards for
women that involve the creation of Kobs of acceptable JDality in conditions of freedom0
eJDity0 secDrity0 and hDman dignity.
(a) #ecent worB involves opportDnities for worB that are prodDctive and fairly
remDnerative as family living wage0 secDrity in the worBplace0 and social protection for
families0 better prospects for personal development and social integration0 freedom for
people to eHpress their concerns organiEe0 participate in the decisions that affect their
lives0 and eJDality of opportDnity and treatment for all women and men.
(b) The 3tate shall fDrther ensDre:
(7) 3Dpport services and gears to protect them from occDpational and health
haEards taBing into accoDnt women?s maternal fDnctionsF
(/) 3Dpport services that will enable women to balance their family obligations
and worB responsibilities inclDding0 bDt not limited to0 the establishment of
day care centers and breast-feeding stations at the worBplace0 and providing
maternity leave pDrsDant to the *abor ode and other pertinent lawsF
(@) !embership in Dnions regardless of statDs of employment and place of
employmentF and
(.) &espect for the observance of indigenoDs peoples? cDltDral practices even in
the worBplace.
(c) $n recognition of the temporary natDre of overseas worB0 the 3tate shall eHert
all efforts to address the caDses of oDt-migration by developing local employment and
other economic opportDnities for women and by introdDcing measDres to cDrb violence
and forced and involDntary displacement of local women. The 3tate shall ensDre the
protection and promotion of the rights and welfare of migrant women regardless of their
worB statDs0 and protect them against discrimination in wages0 conditions of worB0 and
employment opportDnities in host coDntries.
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????????????????????oo??????????????????????
I7. REPUBLIC ACT N. !"81
The following provisions of the *abor ode have been amended by &. A. No. 8.,7:
Article !" 2 &eJDirements of &egistration
Article !# 2 ancellation of &egistration
Article !$ 2 %roDnds for ancellation of (nion &egistration
Article "% 2 $neligibility of !anagerial "mployees to <oin any *abor +rganiEationF
&ight of 3Dpervisory "mployees
Article %& 2 &epresentation $ssDe in +rganiEed "stablishments
Ar+1c-e %' 2 'etitions in (norganiEed "stablishments
and $N3"&T"# as new provisions thereof the following:
Article !"(A 3 hartering and reation of a *ocal hapter
Article !#(A 3 "ffect of a 'etition for ancellation of &egistration
Article !$(A 3 5olDntary ancellation of &egistration
Article "(A 3 &eportorial &eJDirements
Article "%(A 3 "ffect of $nclDsion as !embers of "mployees +Dtside the )argaining
(nit
Ar+1c-e %#(A M "mployer as )ystander
TEBT : T@E AMEN#ATR6 PR7I8IN8 : R. A. N. !"81C
ART. 2&". )e*uire+ents of )egistration, D A federation0 national
Dnion or indDstry or trade Dnion center or an independent Dnion shall acJDire
legal personality and shall be entitled to the rights and privileges granted by law
to legitimate labor organiEations Dpon issDance of the certificate of registration
based on the following reJDirements:
(a) 6ifty pesos ('9-.--) registration feeF
(b) The names of its officers0 their addresses0 the principal address of
the labor organiEation0 the minDtes of the organiEational meetings
and the list of the worBers who participated in sDch meetingsF
(c) $n case the applicant is an independent Dnion0 the names of all its
members comprising at least twenty percent (/-L) of all the
employees in the bargaining Dnit where it seeBs to operateF
(d) $f the applicant Dnion has been in eHistence for one or more years0
copies of its annDal financial reportsF and
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(e) 6oDr copies of the constitDtion and by-laws of the applicant Dnion0
minDtes of its adoption or ratification0 and the list of the members
who participated in it.
ART. 2&"?A. -hartering and -reation of a .ocal -hapter, ? A dDly
registered federation or national Dnion may directly create a local chapter by
issDing a charter certificate indicating the establishment of the local chapter. The
chapter shall acJDire legal personality only for pDrposes of filing a petition for
certification election from the date it was issDed a charter certificate.
The chapter shall be entitled to all other rights and privileges of a
legitimate labor organiEation only Dpon the sDbmission of the following
docDments in addition to its charter certificate:
(a) The names of the chapterNs officers0 their addresses0 and the principal
office of the chapterF and
(b) The chapterNs constitDtion and by-laws: 'rovided0 That where the
chapterNs constitDtion and by-laws are the same as that of the
federation or the national Dnion0 this fact shall be indicated
accordingly.
The additional sDpporting reJDirements shall be certified Dnder oath by
the secretary or treasDrer of the chapter and attested by its president.
ART. 2&8. -ancellation of )egistration, ? The certificate of registration
of any legitimate labor organiEation0 whether national or local0 may be cancelled
by the )DreaD0 after dDe hearing0 only on the groDnds specified in Article /@8
hereof.
ART. 2&8?A. Effect of a Petition for -ancellation of )egistration, ? A
petition for cancellation of Dnion registration shall not sDspend the proceedings
for certification election nor shall it prevent the filing of a petition for
certification election.
$n case of cancellation0 nothing herein shall restrict the right of the Dnion
to seeB KDst and eJDitable remedies in the appropriate coDrts.
ART. 2&!. /rounds for -ancellation of 0nion )egistration, ? The
following may constitDte groDnds for cancellation of Dnion registration:
(a) !isrepresentation0 false statement or fraDd in connection with the adoption or
ratification of the constitDtion and by-laws or amendments thereto0 the minDtes of
ratification0 and the list of members who tooB part in the ratificationF
(b) !isrepresentation0 false statements or fraDd in connection with the election of
officers0 minDtes of the election of officers0 and the list of votersF
(c) 5olDntary dissolDtion by the members.
ART. 2&!?A. 1oluntary -ancellation of )egistration, ? The registration
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of a legitimate labor organiEation may be cancelled by the organiEation itself.
'rovided0 That at least two-thirds of its general membership votes0 in a meeting
dDly called for that pDrpose to dissolve the organiEation: 'rovided0 fDrther0 That
an application to cancel registration is thereafter sDbmitted by the board of the
organiEation0 attested to by the president thereof.
ART. 2"2?A. )eportorial )e*uire+ents, - The following are docDments
reJDired to be sDbmitted to the )DreaD by the legitimate labor organiEation
concerned:
(a) $ts constitDtion and by-laws0 or amendments thereto0 the minDtes of
ratification0 and the list of members who tooB part in the ratification
of the constitDtion and by-laws within thirty (@-) days from adoption
or ratification of the constitDtion and by-lam or amendments theretoF
(b) $ts list of officers0 minDtes of the election of officers0 and list of
voters within thirty (@-) days from electionF
(c) $ts annDal financial report within thirty (@-) days after the close of
every fiscal yearF and
(d) $ts list of members at least once a year or whenever reJDired by the
)DreaD.
ART. 2"/. 2neligibility of 3anagerial E+ployees to 4oin any .abor
Organi5ation6 )ight of 7upervisory E+ployees, ? !anagerial employees are
N+T eligible to Koin0 assist or form any labor organiEation. 3Dpervisory
employees shall not be eligible for membership in the collective bargaining Dnit
of the ranB-and-file employees bDt may Koin0 assist or form separate collective
bargaining Dnits andIor legitimate labor organiEations of their own. T1" &AN4-
AN#-6$*" (N$+N AN# T1" 3('"&5$3+&3N (N$+N +'"&AT$N%
2$T1$N T1" 3A!" "3TA)*$31!"NT !A: <+$N T1" 3A!"
6"#"&AT$+N +& NAT$+NA* (N$+N.
ART. 2"/?A. EFFE-8 OF 29-.072O9 A7 3E3:E)7 OF
E3P.O;EE7 O0872DE 8<E :A)/A2929/ 0928, ? T1" $N*(3$+N A3
(N$+N !"!)"&3 +6 "!'*+:""3 +(T3$#" T1" )A&%A$N$N% (N$T
31A** N+T )" A %&+(N# 6+& T1" AN"**AT$+N +6 T1"
&"%$3T&AT$+N +6 T1" (N$+N. 3A$# "!'*+:""3 A&"
A(T+!AT$A**: #""!"# &"!+5"# 6&+! T1" *$3T +6
!"!)"&31$' +6 3A$# (N$+N.
ART. 2/5. )epresentation 2ssue in Organi5ed Establish+ents, ? $n
organiEed establishments0 when a verified petition JDestioning the maKority statDs
of the incDmbent bargaining agent is filed by any legitimate labor organiEation
inclDding a national Dnion or federation which has already issDed a charter
certificate to its local chapter participating in the certification election or a local
chapter which has been issDed a charter certificate by the national Dnion or
federation before the #epartment of *abor and "mployment within the siHty
(=-)-day period before the eHpiration of the collective bargaining agreement0 the
!ed-Arbiter shall aDtomatically order an election by secret ballot when the
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Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
verified petition is sDpported by the written consent of at least twenty-five
percent (/9L) of all the employees in the bargaining Dnit to ascertain the will of
the employees in the appropriate bargaining Dnit. To have a valid election0 at
least a maKority of all eligible voters in the Dnit mDst have cast their votes. The
labor Dnion receiving the maKority of the valid votes cast shall be certified as the
eHclDsive bargaining agent of all the worBers in the Dnit. 2hen an election which
provides for three or more choices resDlts in no choice receiving a maKority of the
valid votes cast0 a &(N-+66 "*"T$+N shall be condDcted between the labor
Dnions receiving the two highest nDmber of votes: 'rovided0 That the total
nDmber of votes for all contending Dnions is at least fifty percent (9-L) of the
nDmber of votes cast. $N A3"3 21"&" T1" '"T$T$+N 2A3 6$*"# ): A
NAT$+NA* (N$+N +& 6"#"&AT$+N0 $T 31A** N+T )" &"O($&"# T+
#$3*+3" T1" NA!"3 +6 T1" *+A* 1A'T"&N3 +66$"&3 AN#
!"!)"&3.
At the eHpiration of the freedom period0 the employer shall continDe to
recogniEe the maKority statDs of the incDmbent bargaining agent where no
petition for certification election is filed.
ART. 2/'. Petitions in 0norgani5ed Establish+ents, ? $n any
establishment where there is no certified bargaining agent0 a certification election
shall aDtomatically be condDcted by the !ed-Arbiter Dpon the filing of a petition
by any legitimate labor organiEation0 inclDding a national Dnion or federation
which has already issDed a charter certificate to its 7ocalIchapter participating in
the certification election or a localIchapter which has been issDed a charter
certificate by the national Dnion or federation. $N A3"3 21"&" T1"
'"T$T$+N 2A3 6$*"# ): A NAT$+NA* (N$+N +& 6"#"&AT$+N0 $T
31A** N+T )" &"O($&"# T+ #$3*+3" T1" NA!"3 +6 T1" *+A*
1A'T"&N3 +66$"&3 AN# !"!)"&3.
ART. 2/8?A. E+ployer as :ystander, - $n all cases0 whether the petition
for certification election is filed by an employer or a legitimate labor
organiEation0 the employer shall not be considered a party thereto with a
concomitant right to oppose a petition for certification election. The employerNs
participation in sDch proceedings shall be limited to:
(7) being notified or informed of petitions of sDch natDreF and
(/) sDbmitting the list of employees dDring the pre-election conference
shoDld the !ed-Arbiter act favorably on the petition.
--------------------o+o----------------------
7. REPUBLIC ACT N. !"22
AN ACT T 8TRENAT@EN T@E REAULATR6 :UNCTIN8 : T@E
P@ILIPPINE 7ER8EA8 EMPL6MENT A#MINI8TRATIN 0PEA4
3ec. /@0 paragraph (b.7) of &epDblic Act. No. ,-./0 otherwise Bnown as the 'igrant
,or/er and 4"erea 0ilipino Act of *55# is hereby amended to read as follows:
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Bar Review Guide on Labor Law 2010 Bar Examinations
Prof. Joselito Guianan Chan
(b.7) Philippine Overseas E+ploy+ent Ad+inistration - The
Administration shall regDlate private sector participation in the recrDitment and
overseas placement of worBers by setting Dp a licensing and registration system.
$t shall also formDlate and implement0 in coordination with appropriate entities
concerned0 when necessary0 a system for promoting and monitoring the overseas
employment of 6ilipino worBers taBing into consideration their welfare and the
domestic manpower reJDirements.
$n addition to its powers and fDnctions0 the Administration shall inform
migrant worBers not only of their rights as worBers bDt also of their rights as
hDman beings0 instrDct and gDide the worBers how to assert their rights and
provide the available mechanism to redress violation of their rights.
$n the recrDitment and placement of worBers to service the reJDirements
for trained and competent 6ilipino worBers of foreign governments and their
instrDmentalities0 and sDch other employers as pDblic interests may reJDire0 the
administration shall deploy only to coDntries where the 'hilippines has conclDded
bilateral labor agreements or arrangements: 'rovided0 That sDch coDntries shall
gDarantee to protect the rights of 6ilipino migrant worBersF and: 'rovided0
fDrther0 That sDch coDntries shall observe andIor comply with the international
laws and standards for migrant worBers.
3". /8 +6 T1" 3A!" *A2 $3 1"&"): &"'"A*"#.
The provision of 3ection /8 is as follows:
P8ec. 2!. -o+prehensive Deregulation Plan on )ecruit+ent Activities.
- 'DrsDant to a progressive policy of deregDlation whereby the migration of
worBers becomes strictly a matter between the worBer and his foreign employer0
the #+*"0 within one (7) year from the effectivity of this Act0 is hereby
mandated to formDlate a five-year comprehensive deregDlation plan on
recrDitment activities taBing into accoDnt labor marBet trends0 economic
conditions of the coDntry and emerging circDmstances which may affect the
welfare of migrant worBers.Q
3". @- +6 T1" 3A!" *A2 $3 A*3+ 1"&"): &"'"A*"#.
The provision of 3ection @- is as follows:
P8ec. &0. /radual Phase(out of )egulatory Functions, - 2ithin a
period of five (9) years from the effectivity of this Act0 the #+*" shall phase-oDt
the regDlatory fDnctions of the '+"A pDrsDant to the obKectives of deregDlation.Q
--------------------o+o----------------------
7I. REPUBLIC ACT N. !&"'
AN ACT RATINALIEINA T@E CMP8ITIN AN# :UNCTIN8 : T@E
NATINAL LABR RELATIN8 CMMI88IN, AMEN#INA :R T@I8
PURP8E ARTICLE 21&, 21", 21/ AN# 215 : P.#. N. ""2, A8 AMEN#E#,
T@ER;I8E FN;N A8 T@E LABR C#E : T@E P@ILIPPINE8.
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ART. 21&. 9ational .abor )elations -o++ission, - There shall be a
National *abor &elations ommission which shall be attached to the #epartment
of *abor and "mployment 3+*"*: for program and policy coordination only0
composed of a hairman and T2"NT:-T1&"" (/@) !embers.
"ight (,) members each shall be chosen +N*: from among the nominees
of the worBers and employers organiEations0 respectively. The hairman and the
3"5"N (7) remaining members shall come from the pDblic sector0 with the latter
to be chosen '&"6"&A)*: from among the $N(!)"NT *A)+& A&)$T"&3.
(pon assDmption into office0 the members nominated by the worBers and
employers organiEations shall divest themselves of any affiliation with or interest
in the federation or association to which they belong.
The ommission may sit en banc or in "$%1T (,) divisions0 each
composed of three (@) members. The ommission shall sit en banc only for
pDrposes of promDlgating rDles and regDlations governing the hearing and
disposition of cases before any of its divisions and regional branches and
formDlating policies affecting its administration and operations. The ommission
shall eHercise its adKDdicatory and all other powers0 fDnctions0 and dDties throDgh
its divisions. +f the "$%1T (,) divisions0 the first0 second third0 6+(&T10 6$6T1
AN# 3$>T1 divisions shall handle cases coming from the National apital &egion
and other parts of *DEonF and the 3"5"NT10 AN# "$%1T divisions0 cases from
the 5isayas and !indanao0 respectively: 'rovided0 That the ommission sitting en
banc may0 on temporary or emergency basis0 allow cases within the KDrisdiction of
any division to be heard and decided by any other division whose docBet allows the
additional worBload and sDch transfer will not eHpose litigants to Dnnecessary
additional eHpenses. The divisions of the ommission shall have eHclDsive
appellate KDrisdiction over cases within their respective territorial KDrisdiction.
The concDrrence of two (/) ommissioners of a division shall be necessary
for the pronoDncement of a KDdgment or resolDtion. 2henever the reJDired
membership in a division is not complete and the concDrrence of two (/)
ommissioners to arrive at a KDdgment or resolDtion cannot be obtained0 the
hairman shall designate sDch nDmber of additional ommissioners from the other
divisions as may be necessary.
The conclDsions of a division on any case sDbmitted to it for decision shall
be reached in consDltation before the case is assigned to a member for the writing
of the opinion. $t shall be mandatory for the division to meet for pDrposes of the
consDltation ordained therein. A certification to this effect signed by the 'residing
ommissioner of the division shall be issDed0 and a copy thereof attached to the
record of the case and served Dpon the parties.
The hairman shall be the 'residing ommissioner of the first division0
and the 3"5"N (7) other members from the pDblic sector shall be the 'residing
ommissioners of the second0 third0 foDrth0 fifth0 siHth0 seventh and eight divisions0
respectively. $n case of the effective absence or incapacity of the hairman0 the
'residing ommissioner of the second division shall be the Acting hairman.
The hairman0 aided by the "HecDtive lerB of the ommission0 shall have
administrative sDpervision over the ommission and its regional branches and all
its personnel0 inclDding the *abor Arbiters.
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The ommission0 when sitting en banc0 shall be assisted by the same
"HecDtive lerB0 and0 when acting thrD its #ivisions0 by said "HecDtive lerB for
its first division and 3"5"N (7) other #epDty "HecDtive lerBs for the second0
third0 foDrth fifth0 siHth0 seventh and eight divisions0 respectively0 in the
performance of sDch similar or eJDivalent fDnctions and dDties as are discharged by
the lerB of oDrt and #epDty lerBs of oDrt of the oDrt of Appeals.
The ommission and its eight (,) divisions shall be assisted by the
ommission Attorneys in its Appellate and adKDdicatory fDnctions whose term
shall be coterminoDs with the ommissioners with whom they are assigned. The
ommission Attorneys shall be members of the 'hilippine )ar with at least one (7)
year eHperience or eHposDre in the field of labor-management relations. They shall
receive annDal salaries and shall be entitled to the same allowances and benefits as
those falling Dnder 3alary %rade twenty-siH (3% /=). There shall be as many
ommission Attorneys as may be necessary for the effective and efficient
operations of the ommission bDt in no case more than three (@) assigned to the
+ffice of the hairman and each ommissioner.
No *abor Arbiter shall be assigned to perform the fDnctions of the
ommission Attorney nor detailed to the office of any ommissioner.
ART. 21". <ead*uarters= :ranches and Provincial E>tension 0nits, -
The ommission and its first0 second0 third0 foDrth0 fifth and siHth divisions shall
have their main offices in !etropolitan !anila0 and the seventh and eight divisions
in the cities of ebD and agayan de +ro0 respectively. The ommission shall
establish as many regional branches as there are regional offices of the #epartment
of *abor and "mployment0 sDb-regional branches or provincial eHtension Dnits.
There shall be as many *abor Arbiters as may be necessary for the effective and
efficient operation of the ommission.
ART. 21/. Appoint+ent and ?ualifications, - The hairman and other
ommissioners shall be members of the 'hilippine )ar and mDst have been
engaged in the practice of law in the 'hilippines for at least fifteen (79) years0 with
at least five (9) years eHperience or eHposDre in the field of labor-management
relations0 and shall preferably be residents of the region where they 31A** hold
office. The *abor Arbiters shall liBewise be members of the 'hilippine )ar and
mDst have been engaged in the practice of law in the 'hilippines for at least ten
(7-) years0 with at least five (9) years eHperience or eHposDre in T1" 6$"*# +6
labor-management relations.
The hairman0 and the other ommissioners and the *abor Arbiters shall
hold office dDring good behavior Dntil they reach the age of siHty-five (=9) years0
Dnless sooner removed for caDse as provided by law or become incapacitated to
discharge the dDties of their office. 'rovided0 however0 That the 'resident of the
&epDblic of the 'hilippines may eHtent the services of the ommissioners and
*abor Arbiters Dp to the maHimDm age of seventy (7-) years Dpon the
recommendation of the ommission en banc.
The hairman0 the #ivision 'residing ommissioners and other
ommissioners shall all be appointed by the 'resident. Appointment to any
vacancy in a specific division shall come only from the nominees of the sector
which nominated the predecessor. The *abor Arbiters shall also be appointed by
the 'resident0 Dpon recommendation of the ommission en banc to a specific
arbitration branch0 preferably in the region where they are residents0 and shall be
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Prof. Joselito Guianan Chan
sDbKect to the ivil 3ervice *aw0 rDles and regDlations: 'rovided0 that the labor
arbiters who are presently holding office in the region where they are residents
shall be deemed appointed thereat.
The hairman and the ommission shall appoint the staff and employees
of the ommission and its regional branches as the needs of the service may
reJDire0 sDbKect to the ivil 3ervice *aw0 rDles and regDlations0 and Dpgrade their
cDrrent salaries0 benefits and other emolDments in accordance with law.
ART. 215. 7alaries= benefits and other e+olu+ents, ? The hairman and
members of the ommission shall have the same ranB0 receive an annDal salary
eJDivalent to0 and be entitled to the same allowances0 retirement and benefits as0
those of the 'residing <Dstice and Associate <Dstices of the oDrt of Appeals0
respectively. *abor Arbiters shall have the same ranB0 receive an annDal salary
eJDivalent to and be entitled to the same allowances0 retirement and other benefits
and privileges as those of the KDdges of the regional trial coDrts. $n no case0
however0 shall the provision of this Article resDlt in the diminDtion of the eHisting
salaries0 allowances and benefits of the aforementioned officials.
8ec. /. 2+ple+entation, - The creation of the additional divisions shall be
implemented for a period of not more than three (@) years.
?EN# : PART NE?
7,