Azucena - Labor - Code - Vol - 2.pdf - PDF - Strike Action - Employment PDF

2/16/2020 Azucena_Labor_Code_Vol_2.pdf.
pdf | Strike Action | Employment
Search   Sign In Join
RELATED TITLES
Download
1.8K views 7 0 8 of 1045  Search document 
Azucena_Labor_Code_Vol_2.pdf
.pdf 
Uploaded by Bonito Bulan
Full description
Never Split the Civil Engineering Bargaining with
    Difference:… Contracts:… the Devil: When
Save Embed Share Print
Download 8 of 1045  Search document 
Related titles
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdf 1/605
2/16/2020 Azucena_Labor_Code_Vol_2.pdf.pdf | Strike Action | Employment
Never Split the Civil Engineering Bargaining with Negotiating for Contract International
Difference:… Contracts:… the Devil: When … Success: Essenti… Negotiation… Business Law:…
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
BOOK FIVE
LABOR RELATIONS
Title I
POLICY AND DEFINITION
Chapter I
POLICY
Related titles Overview/Key Questions:

1. What are the policy objectives of our labor r

Search
law?   Sign In Join
2. Employer-employee rel ati onsh ip must exist

Download labor
8 of 1045
relations law mayapply within an enterpris
Search document 
factors determine t he exis tence of such relatio
3. What are con si der ed labor disputes? What
available Negotiating for
remedies? Contract International
ART. 211. DECLARATION OF POLICY

A. It is the policy of the State:
(a) To pr omo te and emphasize the pri macy of
bargaining and negotia tions, including voluntary arbit ratio n,
conciliation, as modes of settling labor or industrial dispute
(b) To pro mo te free tra de unionism as an instr
enhancement of demo cr ac y and the pr omo ti on of soci
development;
(c) To foste r the fre e and voluntary organization o
united labor movement;
(d) To pro mot e the enlightenment of workers co
rights and obligations as union members and as employees;
(e) To provide an adequa te administrative mach
expeditious settlement of labor or industrial disputes;
(f) To ensure a stable but dynamic and jus t industria
(g) To ensure the par ticipation of workers in decisi

n&aking processes affecting their rights, duties and welfare.
Related titles

LABOR RELATIONS
ART. 211
B. To enco ura ge a truly dem ocr ati c met ho d of r
Never Split the Civil Engineeringbetween
relations Bargainingthe
with employers
Negotiating forand Contract International
employees by means
Difference:… freely
Contracts:…enter ed into thro ugh collective bargaining,
the Devil: When … Success: Essenti… Negotiation… no co urLaw:…
Business t or
agency or official shall have th e pow er to s et or fix wages, r at e
of work or other te rm s and conditions of employment, ex ce p
provided under this Co de .
COMMENTS AND CASES
1. OVERVIEW AND VIEWPOINT
In the opening comments to the Preliminary Title in Volu
that labor legislation is divided broadly into labor standards and
"Labor Standards" refers to the minimum terms and conditions
to which employees are legally entitled and with which employe
"Labor Relations" refers to the interactions between employer
or their representatives and the mechanism by which the stan
terms and conditions of employment are negotiated, adjusted
Thus defined, Books I to IV of the Code deal largely with standa
with relations.
What is the "correct" sequence of studying the books? This i
of instructional sequence which is not of great importance becaus
between labor standard and labor relation is in fact academic.
does not matter, for instance, when an employer and the emplo
labor contract, or when an employee files a complaint with a gov
Negotiating a contract and filing a complaint are aspects of lab
their subjects oftentimes are labor standards. Similarly, the g
that hears and decides labor disputes, in general, whether in
claims or anti-union acts, is called "labor relations" commissio

standards and relations" commission. Labor standards and labor r
intertwine; they are not mutually exclusive.
What follows is a perspective of labor relations in the priv
The government labor relations policy is declared in Arti
a focused elaboration of the basic labor policy announced in
Related titles
in turn, echoes the constitutional mandates. The policy intends
, p y
ju stic e through industrial peace and progress. T he latter i s signi
on employee participation and collective interactions betwee

employees. In Management parlance, the input is the parties' ri
Download the process is workers'
8 of 1045organization and
 Search 
document bargaining
collective
is industrial peac e and progress towards social just ice as the e n
As in political democracy the crux of labor relations is
Never Split the Civil Engineering Bargaining with Negotiating for Contract
International
Difference:… substance
Contracts:… of employee partici pation,
rights that is, how
andLaw:…
duti
the Devil: When … Success: Essenti… Negotiation…
Business
how agreements are reached, and how relationship is enhance
The process starts when workers organize themselves into
other form of association. They may or may not register their or

10
POLICY
the government, but when they do, they and their members
rights that are legally demandable, such as the right to bargain
labor organization itself, being a manifestation of industrial d
be democratically governed. This is why the law explicitly rec
rights of the members. The labor organization, furthermore,
from employer's interf ere nce. If the employer tries to interfere w
organizational rights, he commits "unfair labor practice" (ULP) w
a strike or work stoppage. But a union cannot strike over intra
disputes.
Since the main objective of the union is to represent to th
needs or interest of the employees, the employees should spea
hence they need to select only one union as their representat
Related titles union rivalry, the rivalry is resolved through an election with or
i i
intervention.
After the question of employee
Search 
representation Signis
In settled,
Join the
employees' representatives meet and talk over proposals and co

Download A deadlock may 8or ofmay 1045 not occur; parties must
 Search find ways 
document to av
it. Unresolved bargaining deadlock may, again, lead to a work
agreement, when reached, is embodied in a labor contract, co
Never Split the Civil Engineering
collective Bargaining with
bargaining Negotiating
agreement for
(CBA). Contract International
Work stoppage—known as "strike" by employees or "l
employer—is not favored in law. It is recognized as a legal right bu
the purpose and manner of doing it. Deviation from the mandato
has adverse cons equences to the violators. Work stoppage, becau
productive, is and has to be considered a measure of last resort
In line with the policy promoting "free" bargaining and nego
employees and employers, Article 251 even allows the parties
expeditious methods of bargaining than that prescribed in the C
this freedom as regards the subject and the manner of their nego
course, they and their contract cannot brush the law aside; lega
deemed written into their contract.
The CBA must be ratified by the employees and registere
but although unregistered, it is valid and binding between the p
between them. Its economic provisions are renegotiated not l
years, while the union representation stays undisturbed for five
Labor-management relations in the private sector are essent
This means that the employer and employees themselves must
problems in a mann er most comfortable to them, so to speak. Thi
echoed in this Supreme Court statement:
... 'The principle behind labor unionism in private i
industrial peace cannot be secured through compulsion by
between private employers and their employees rest on
Related titles

LABOR RELATIONS
ART. 211
voluntary basis. Subject to the minimum requirements
Never Split the Civil Engineering Bargaining
and other labor with andNegotiating
welfare for legislation,
Contract
the International
terms and
Difference:… Contracts:… the Devil:in
employment the…unionized
When Success: Essenti… Negotiation…
private Business Law:…
sector
are settled thro
of collective bargaining..." (SSS Employees Association vs. Cour
SCRA 686 [1989].)
Th e inter-party character of labor relations is likewise the r
policy prefers voluntary instead of compulsory modes of dispute
government steps in only when the parties themselves fail to reac
or when one disregards the defined rights of the other, such as whe
busts the the

instance, union or commits
union other
blockades the form of "unfair
company gate. labor practic
Because labor relations are primarily "domestic," third p
Government, shy away from meddling, as much as it can be
why an in-house problem-solving structure, called grievance
requirement in CBAs. If this machinery fails, the parties themse
select any third party, called voluntary arbitrator, to resolve their d
company is a house where the employer and employees are the f
Although it is the government that sets the legal boundaries, the
interest are the employer and employees. If the parties are obs
boundaries, the government, if not invited in, is an intruder. Th
reason a restraining order or injunction from government is fr
labor disputes; if such an order must issue at all, it will have to
strict procedural route.
But when the dispute, whether it be a lockout, a strike, a
form of "concerted activities," violates the rights of others or
by violence or other illegal acts — in a word, when the legal

transgressed — then the injunctive power of the State may
fact, it need not be invoked when the Secretary of Labor, on hi
decides to use the state's restraining power when the disput
interest at stake. In that situation, the Secretary or even the
either "assume juri sdicti on" or "certify" the case to NLRC . E
Related titles
the effect of compulsory arbitration which maintains the statu
government tries to resolve the dispute.

The laws, as a force that balances the parties' rights and

admittedly necessary in the industrial setting. This is becaus
Download the Civil Code in 8 of 1045
Article 1700, "the 
Search document
relations between capita 
not merely contractual" and "they are so impressed with pub
labor contracts must yield to the common good." But, still, ind
Difference:… relations
Contracts:… are, in fine, human relations. It is not
the Devil: When … Success: Essenti… Negotiation… a lawyers' inve
Business Law:…
not be a lawyers' game. The labor law prescriptions will "natural
parties would only adhere to the civil law precept of human
succinctly states: "Every person must, in the exercise of his ri

12
POLICY
per form ance of his duties, act with ju st ic e, give every one his d
honesty and good faith." 1
2. WORKERS' ORGANIZATION
A labor or trade union is a combination of workmen
the ultimate purpose of securing through united action the

conditions as regards wages, hours of labor, conditions of em
for its members. 2
All combi nati ons or associations, altho ugh con ce rn ed wi

are not necessarily labor unions as they are commonly co
associations or groups of employees, or even combinat ions of only
may qualify as labor organizations yet fall short of consti tuting a
Related titles the popular sense a labor union is understood to be a completely
of dues-paying members, operating through elected officers

a militant,
Search 
vital and functioning organ. It 
may Sign
be Insaid Join
that w
union is a labor organization, not every labor organization is a l
difference is one of organization, composition and operation. 3

3. WHY WORKERS ORGANIZE
The basic urge which leads workers to organize, the sp
Difference:… unions
Contracts:…life and the power of growth under favorable
the Devil: When … Success: Essenti… Negotiation… condition
Business Law:…
drive toward self-advancement.
Self-help through economic action necessarily requires
bargaining power of employees; hence, one of the basic purp
union is to eliminate competition among employees in the lab
labor union seeks to exercise the power of a monopolist. The
large corporation diminished the bargaining power of the ind
to such an extent that talk of freedom of individual contract be
slogan. Thus, the near-monopoly which the union obtains is of
the near-monopoly
a local market. of the large corporation which is the only bu
Three other human desires should be noted among the

workers to organize. (1) On e is the desire for j o b security. Sk
organized in order to secure control over available jo bs so as to h
the competition of unskilled immigrants. (2) Employees wish
what we should term "the rule of law" for the arbitrary and o
exercise of power by the boss. Forty years ago, a foreman cou
employee for any reason or no reason. Labor unions have su
absolute power to the rules set forth in collective agreements, and
'Article 19, Civil Code.

2
31 Am. Jur., Se c. 30 , pp. 848-849.
3
I. Herbert Rothenberg, Rothenberg on Labor Relations [New Yo
Related titles
LABOR RELATIONS
ART. 211
of the rules is usually subject to impartial review. The illustrati
Difference:…
the regulation of discipline
the Devil: When … (3)
Contracts:… establishments.
is typical
Success:
of what
Essenti…unions
has
Negotiation…
occurred
Business
thro
industrial Finally, helped to giveLaw:…
emp
of participation in the business enterprises of which they are par
of labor unions which became important as organizations sp
production industries. 1
The union is the recognized instrumentality and mou

laborers. Only through the union can the laborers exercise the rig
bargaining and enjoy other privileges. Without the union, labore
to protect themselves against 'the reaction of conflicting econom

maintain and improve their lot. 2
However, it is unlawful for workmen to co mbine and to cont

of the employer in matters not affecting the terms of their own
4. I LO CONVENT ION NO. 87

We explained in Volume I (under the Preliminary Tide) tha
is a memb er of the Inter nati onal Labor Organization whose Con
ratified, beco me binding laws. One of these is ILO Convention
Convention No. 87 of the International Lab or Organizatio
4, 19 50 ), provides in part:
Article 2 — Workers and employers, without distinction w
have the right to establish and, subject only to the rules of t
con cer ned , to j oi n organizat ions of their own choos ing w
authorization.
Article 3 — (1) Workers' and employers' organizations sha
to draw up their constitutions and rules, to elect their represe

freedom, to organize their administration and activities and to
programmes.
(2) T he public authorities shall refrain from any int e
would restrict this right or impede the lawful exercise thereof.
Related titles Article 8 — (1) In exercising the rights provided for in t
k d l
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdfd th i ti i ti lik
21/605
workers and employers and their respective organizations, like
organizedSearch the law
collectivities, shall respect  of the
Sign In
land. Join
(2) T he law of the land shall no t be such as to impair, n
Download applied as to impair,
8 the guarantees provided
of 1045 
for in this Conve
 Search document

1
Archibald Cox, DerekNegotiating
Curtis Bok,for Contract
International
and
A. Gorman,Robert Ca
Difference:… Contracts:… the Devil: When … Success: Essenti… Negotiation…
Business Law:…
on Labor Law, The Foundation Press, New York, 1977, p. 15.
A.L. Ammen Trans, vs. Bicol Trans. Employees Mutual Asso
2
L-4941,July 25, 1952.

3
31 Am. Jur., Sec. 3 6, p. 852.

14
POLICY
5. WORKERS' PARTICIPATION IN POLICY-MAKING

Coupled with the new concept of collective negotiation
of workers to "participate in policy and decision-making pro
their rights and benefits as may be provided by law." The 198
Commission wrote this right for the first time in the 1987 Consti
XIII, about Social Justice and Human Rights.
Subsequently, this right was added by R.A. No. 6715, effe
1989, as paragraph (g) o f Arti cle 211 an d in Arti cle 255 of t
In the Philippines, therefore, participatory or consultative ma
longer just a theory or variety of ma na gem en t style. It is a matte
the right of employees to participate in policy- or decision-ma
affecting their rights, duties, benefits or welfare is guaranteed in
Related titles and reinforced in the Labor Code and Supreme Court rulings
we further discuss this right.

Related titles
Chapter II
Difference:… Contracts:… the Devil: When … Success: Essenti…
DEFINITIONS Negotiation… Business Law:…
ART. 212. DEFINITIONS

(a ) "Commission'' mean s the Nati onal L ab or Rela tion
or any of the divisions, as the case may be, as provided unde
(b) "Bureau" means the Burea u of La bor Relations a n
Relations Divisions in the regional offices established unde
Decre e No. 1, in the Depar tment of Lab or.
(c ) "Boa rd" means the National Conciliation and M
established under Executive Order No. 126.
(d) "Council" mea ns the Tri par tite Voluntary Arbit r
Council established under Executive Order No. 126, as ame
(e) "Empl oyer" includes any pe rs on acting in the
employer, directly or indirectly. The term shall not incl
organization or any of its officers or agents except when actin
(f) "Empl oyee" includes any pe rs on in the empl oy o
The term shall not be limited to the employees of a partic
unless this Code so explicitly states. It shall include any in
work has cea sed as a result of or in conn ect ion with any cur re n
or because of any unfair labor practice if he has not obta
substantially equivalent and regular employment.
(g) "Labo r organization" mea ns any union or associati
which exists in whole or in part for the purpose of collective

of dealing with employers concerning terms and conditions o
(h) "Legitimate labor organization" mea ns any labo
duly registe red with the Dep ar tme nt of L ab or and Empl oymen
any branch or local thereof.
Related titles (i) "Company union" means any labo r organization wh
f ti d i i t ti
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdf h b i t d b t 24/605
d
function or administration has been assisted by any act de
Search
labor pract ice by this Cod e.   Sign In Join
(j) "Bargaining repres entative" mea ns a legitimate lab

Download or any officer or8 agent
of 1045of such organization whether or not
 Search document e
employer.
Difference:… Contracts:…
1
the Devil: When … Success: Essenti… Negotiation… Business Law:…
As amended by Sec. 3, R.A. 6715.
16
DEFINITIONS
(k) "Unfair lab or pr ac ti ce " mea ns any unfair lab

expressly defined by this Code.
(1) "L ab or dispute" includes any contr overs y or ma
terms or conditions of employment or the association or re
persons in negotiating, fixing, maintaining, changing or arra
and conditions of employment, regardless of whether the d
in the proximate relation of employer and employee.
(m ) "Mana geri al emp loy ee " is on e who is vest ed
prerogatives to lay down and execute management policies
transfer, suspend, lay off, recall, discharge, assign or discip
Supervisory employees are those who, in the interest of
Related titles effectively recommend such managerial actions if the ex
authority is not merely routinary or clerical in nature but r

of ind epeSearch oye es 
nden t ju dg me nt . All empl no t falling
Sign In within
Join a
definitions are considered rank-and-file employees for purpos
Download (n) "Voluntary

8 Arbitration" means
of 1045 any
 Search person accredite
document 
as such, or any person named or designated in the Collect
Agre ement by the par tie s to act as their Voluntary Arbit rator
with or withoutBargaining
the with Negotiating
assistance offor the Contract International
National Conciliation
Board, pursuant to a selection procedure agreed upon in
Bargaining Agre emen t, or any official that may be auth orized b
of Labor and Employment to act as Voluntary Arbitration up
request and agreement of the parties to a labor dispute.
(o ) "Strike" mea ns any tem por ar y stopp age of work b
action of employees as a result of an industrial or labor disp
(p ) "Loc kout" mea ns the te mpo ra ry refusal of an emp
work as a result of an industrial or labor dispute.
(q ) "Int erna l union dispute" includes all disputes or gr
from any violation of or disagreement over any provision of t
and by-laws of a union, including any violation of the rights
of union membership provided for in this Code.
(r ) "Strike-breaker" mea ns any per son who obstr
or interferes with by force, violence, coercion, threats or in
peaceful picketing by employees during any labor controv
wages, hours or conditions of work or in the exercise of th
organization or collective bargaining.

(s) "Strike ar ea " mea ns the establi shment, ware h
plants or offices, including the sites or premises used as run
the employer struck against, as well as the immediate vicinit
by picketing strikers in moving to and fro before all points
and exit from said establishment.
Related titles
LABOR RELATIONS
ART. 212
COMMENTS AND CASES

Difference:… The
Contracts:… following comments and cases
opening for this
Businesschapte
Law:…
will deal only with "employee," "employer," and "labor dispu
terms defined in the above article will be taken up in the chap
belong.
1. EMPLOYER-EMPLOYEE RELATIONSHIP ESSENTIAL
We extensively discussed employer-employee relationship a
of Book III of this Code. The principles and rulings cited th
applicable to the present Book V. If there is no employer-employ
between the parties, there is no basis for organizing for purpos
bargaining.
Th e existence of employer-employee relationship, as explai
is determined by the presence of the following elements, namel
and engagement of the employee; (b) payment of wages; (c) powe
(d) power to control the employee's conduct. The fourth is the
element. The following case is illustrative.
Brotherhood Labor Unity Movement of the Philippines, et al. vs. Za

No. 48645, January 7, 1987 —
Facts: Petitioners have been working at the San Miguel Parol
averaging about seven years of service at the time of their terminati
as "cargadores" or "pahinantes" at the SMC plant, loading, u
and palleting empty bottles and wooden shells to and from com
warehouses using company-provided tools, equipment and paraphe
they accompanied the company trucks on their delivery routes. T
report
The for workintoturn,
assistant, the Company's superintendent-in-charge
would inform the warehousemen and who iss
chec
relay the orders to the "capatazes" or group leaders. They would o
as to where, when, and what to load, unload, pile, pallet, or clean.
Work in the factory was neither regular nor continuous, d
Related titles company's business activity. Work did not necessarily mean a ful
petitioners. But at times work exceeded 8 hours and necessitated w
petitioners. But at times work exceeded 8 hours and necessitated w
and holidays. For such extra work they were paidSign
neither overtim
Search   In Join
compensation.
They were paid every ten days on a piece-rate basis, i.e., accordi
Download of cartons and wooden
8 of 1045  Search document
shells loaded, unloaded, or piled. 
Petitioners worked exclusively at the SMC plant, and were n
Never Split the
other companies
Civil Engineering
or departments
Bargaining with
of the SMC.
Negotiating for Contract International
When the Devil: When
petitioners … Success:themselves
organized Essenti… Negotiation… Business
into a union and Law:…
aired
SMC refused to heed their grievances and even dismissed some of the
Petitioners filed a notice of strike. Still, SMC refused to bargain wit
that they were not its employees.
18
DEFINITIONS
Ruling: Considering the length of time that petitioners ha

the company, it may be justifiably concluded that they were eng
activities necessary or desirable in the usual business or trade of SM
are, therefore, regular employees. The term of petitioners' empl
indefinite. Continuity and habituality of their work bolster their cla
status vis-a-vis SMC.
Even if a contract of employment had indeed been execute
and an alleged labor contractor, SMC's case will, nevertheless, fail. T
contractor had neither substantial capital nor investment to qualify a
contractor under the law. The premises, tools, equipment and parap
petitioners in their jobs were all supplied by SMC. It is only the ma
force which the alleged contractors supply, suggesting the existence
1
Related titles contracting scheme prohibited by law.

2. Search
WHO ARE EMPLOYEES   Sign In Join
The term "employee":

Download (1) ofude
shall 8incl 1045 any employee Search document 
(2) and shall not be limited to the employee of any parti
unless the Act explicitly states otherwise
(3) andtheshall
Devil: When … Success:
include anyEssenti… Negotiation…
individual Business Law:…
(a) whose
any current labor work has ceased as a consequence of, or in c
dispute
(b) and who has not obtained any substantially equival
employment. 2
This definition, like the definition of the term 'employer' b

term 'include,' is complementary. It embraces not only those who
ordinarily considered employees, but also those who have cease
as a consequence of a labor dispute. The term 'employee,' furt
limited to those of a particular employer. The Court in the c

Irrigation System, et al. vs. Angat River Workers' Union (PLUM), e
the term 'employer' as "one who employs the services of others
employees work and who pays their wages or salaries." Correlative
must be one who is engaged in the service of another; who pe
3
for another; who works for salary or wages.
The definitions in D.O. No. 40-03 (March 15, 200 3) which
Implementing Rules of Book V of the Labor Code states:
"Employee" refers to any person working for an employer.

whose work has ceased in connection with any current labor disp
'See related discussion in Book III, Volume I of this work.

'Article 212 [f]; Feati University vs. Bautista, 18 SCRA 1190, 1
3
Feati University vs. Bautista, L-21278, December 27, 1966, 18
Related titles
LABOR RELATIONS
ART. 212
of any unfair labor practice and one who has been dismissed fro
Difference:… legality
Contracts:…of the the
dismissal
Devil: When is
… being
Success:contested in a forum of
Essenti… Negotiation… appropria
Business Law:…
"Employer" refers to any person or entity who employs
others, one for whom employees work and who pays their wages
employer includes any person directly or indirectly acting in th
employer. It shall also refer to the enterprise where a labor organ
or seeks to operate.
An employer may be brought into bargaining and econom
with persons not in his actual employ; such persons are given the
of "employees" in relation to him, in order to accord to them

of the Act. Thus, the nature of a "labor dispute" does not r
disputants should stand in the proximate relation of employer
with consequent protection of concerted activities carried out b
belonging to several employers. For exa mpl e, an otherwise valid
rendered invalid by the fact that it involves persons not in the a
the employer being picketed. 1
2.1 "One Whose Work Ha s Cea sed..."

The definition in Article 212(f) further states that the te
includes any individual whose work has ceased as a result of,
with any unfair labor practice if he has not obtained any oth
equivalent and regular employment.
Gothenburg, commenting on a similar provision of the
Relations Act and citing many authoritative cases, maintains that
of an employee in a strike does not remove him from the status
Cessation
constituting unfair of labor
work practices,
due to strike ornot
does lockout, oraffect
in itself to dismissa
the "e
in the sense that the rights and benefits of the employee are pro
there had been no interruption of service, effective upon actual
Thus, a striker may not be deprived of a bonus merely beca use h
Related titles in a strike. Generally, upon reinstatement of one whose dismiss
unfair labor practice he is entitled to backwages seniority 30/605
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdf
and
unfair labor practice, he is entitled to backwages, seniority and
order to make
Search whole his loss as a result
 of the employer's
Sign In unlaw
Join
3. LABOR ORGANIZATION AS EMP LOY ER

Download 8
Exceptionally, ofa1045
labor organization  Search
may be deemed an 
document
"emp
acting as such in relation to persons render ing services under hir
connection with its activities for profit or gain. An organization m
Difference:… a Contracts:…
labor union, the but it may attain the status of an
Devil: When … Success: Essenti… Negotiation…ordinary busines
Business Law:…
1
Associated Labor Union vs. Borromeo, 26 SCRA 88 [1968].
2
Rothenberg on Labor Relations, p. 338.
3
PAL vs. PALEA, 19 SCRA 483 [1987].

20
DEFINITIONS
pursuit
pursu it of a particular
part icular line of business. T hus
hus,, a labor
l abor organization
organizat ion
a stevedo
stevedoring
ring and arrastre
arrast re business und
under
er contrac
cont ractsts with
with various
with an organizational structure, operational systems and facilities
of independent contractors engaged in the same line of busine
business entity, hence, an "employer" of laborers under its hire
The mere fact that the respondent is a labor union does
it cannot be considered an employer of the persons who work f
should it be exempted from the very labor laws which it espo
organization. In the case at bar, the Regional Director correctly
petitioner was an employee of the respondent union as reflecte
individual payroll sheets and shown by the petitioner's memb
Social Security System (SSS) and the respondent union's share
Related titles
in the petitioner's favor ... Bautista was selected and hired by
2/16/2020
t e pet t oAzucena_Labor_Code_Vol_2.pdf.pdf
e s avo ... aut | Strike Action | Employment
sta was se ected a d ed by
was paidSearch
wages by the Union. ALU had the power to dismiss h
  Sign In Join
dismissed him. And definitely, the Union tightly controlled the w
as one of its organizers. 2
Download 8 of 1045 You're Reading a Preview

 Search document 
4. LABOR DISPU DISPUTE TE
The mere fact that Upload
theyour documents to
disputants dodownload.
not stand in the
Never Split the Civil Engineeringrelation
reciprocal Bargainingofwithemployer
Negotiatingand
for employee
Contract doesInternational
not remo
Difference:… Contracts:… OR
from the category of labor dispute. The test of whether a lab
Become a Scribd member for full access. Your
comes within the definition offirst a labordaysdispute depends on whe
or concerns terms, conditions of 30 are free. or
employment representation
compel dismissal of an antagonistic supervisor; or a controvers
Continue
rights; or a dispute over an asserted for to
duty Freework on legal holid
the category of labor
labo r disputes. Any
Any bona fide controversy concer
con cer n
or conditions of work or representation constitutes a labor dis
meaning of the Act. To qualify for that status, the controversy
concern the terms and conditions of employment or pertain
3
representation.
Even the question of employer-employee relationship can
a "labor dispute."
San Miguel Corporation Employees Union-PTGWO, et al. vs. Hon. Je

as Presiding Judge of Branch 166 RTC, Pasig and San Miguel C
No. 87700, June 13, 1990 —
Facts: San Migue
Miguell Corporation
Corporat ion (SMC) entere
ent ered
d into contracts fo
servic
services
es wit
with
h Lipercon
Liper con and D'Rit
D' Rite
e which
which are indepe
independent
ndent contracto
con tracto
by the DOLE. It was agreed that the workers employed by the contra
be deemed employees or agents of SMC.
'Allied Free Workers

Workers Union vs.
vs. Cia. Maritima, 19 SCRA 258,
258 , 2
2
Bautista vs. Inciong, G.R. No. 52824, March 16, 1988.
3Rothenberg
3Rothenber g on Labor Relations,
Relations, p. 344.
344 .
Related titles
LABOR RELATIONS
ART. 212
Petitioner San Miguel Corporation Employees Union-PTGW

of the monthlythe paid When … Success: employees.
Devil:rank-and-file Essenti… Negotiation…
Their CBABusiness Law:… t
provides
probationary or contractual employees and wor worker
kerss are excluded fro
from
m
unit and, therefore, outside the scope of this Agreement." Despite th
Union advised SMC that some Lipercon and D'Rite workers had j
and should be treated as SMC employees. Not getting a favorable
SMC, the Union filed a notice
noti ce of strike
strike for unfair
unfair labor practice.
pra ctice.
SMC filed a Complaint for Injunction
Injuncti on and Damages before th
Court of Pas
Pasig
ig to enjoin the Union fro
from
m represent
repr esenting
ing the employee
and/
an d/or
or D'R
D 'RIT
ITEE for
for the purpose
purpose of collectiv
collective
e bargaining.
bargaining. The
T he Court
enjoining the Union from committing the acts complained of.
The Union argued that the controversy involved a labor dispu
the NCMB-DOLE, and was thus beyond the regular court's juris
other hand, SMC denied the existence of any employer-employee
consequently, of any labor dispute between the company and the U
Ruling: A labor dispute exists. While it is San Miguel's sub
employer-employee relationship exists between itself, on the on
You're Reading a Preview
contractual workers of Lipercon and D'Rite, on the other, a la
Upload your
nevertheless exist "regardless documentsthe
of whether to download.
disputants stand i
relationship of employer and employee" (Article 212[1], Labor
the controversy concerns, among others, OR the terms and conditions
or a "change" or "arrangement"
Become a Scribdthereof.
memberPut differently,
for full access. Your and as
the existence of a labor dispute first
is not negatived by the fact that t
30 days are free.
defendants do not stand in the proximate relation of employer an
Th at a labor dispute, as defined by law
That law,, does exist
exi st herein
herei n is ev
what the Union seeks is to regularize the status of the employee
Lipercon and D'Rite and, in effect, Continue for Free
that they be absorbed into the
San Miguel. This matter definitely dwells on the working relations
employees vis-a-vis San Miguel. Terms, tenure and conditions of
and the arrangement of those terms are thus involved, bringing t
the purview of a labor dispute.
Related titles As the case is indisputably linked with a labor dispute, jurisd
the labor tribunals
the labor tribunals.
5. LABOR
LABO R DISP
DISPUTES
UTES AND REMEDIE
REMEDIES:
S: A SU
SUM
MMARY
5.1 Definition
"Labor Dispute" includes any controversy or matter conc
conditions of employment or the association or representatio
Never Split the Civil Engineering fixing,
negotiating, Bargaining with Negotiating
maintaining, for
changing Contract International
or arranging the term
of employment, regardless of whether the disputants stand in
relation of employer and employee. 1
1Article
1Article 212[ 1].
22
DEFINITIONS
5.2 Tests or Crite ria of "L abo r Dispute"

A. Natur e: Dispute arises from employer -employe
although disputants need not be proximately "employee" or "em
other.
B. Subject
Subje ct matter: Dispute con cer ns (1
(1)) terms or condi
ment; or (2) association or representation of persons in nego
maintaining, or changing terms or conditions of employment.
5.3 Kindss of La bo r Disputes

Kind
A. La bor Standards Disput
Disputes:
es: (as defined in DOLE
September 1987).
Related titles (1)) Compensation — Examples: Underpayment of m

(1
stringent output quota; illegal pay deductions
stringent output quota; illegal pay deductions
(2))Search
(2   ofSign
Benefits — Examples: nonpayment In
holidayJoin
pay, o
other benefits
Download (3)) Working
(3 8 ofconditio
conditions
1045 ns — Example: unrectified
 Search document workhaz
B. Lab or Relations Disp
Disputes:
utes:
( 1 ) OrganizationalUpload
Organizational yourDispute/ULP
Right documents to download.
Difference:… Contracts:… Examples: co…ercion,
coerc
the Devil: When ion, Essenti…
Success: OR Negotiation…
r estraint
restraint or inte
interfe
rference
rence inLaw:…
Business unio
reprisal or discrimination due to union activities; com
ULP strike or lockout; union
first 30 days members' complaint
are free.
officers
( 2 ) Representation Disputes
Continue for Free
Examples: Uncertainty as to which is the m
determinati
deter mination
on of appropriate collective bargaining u
recognition by different sets of officers of same unio
( 3 ) Bargaining Disputes
Examples: Refusal to bargain (ULP); bargaining

bargaining deadlock; economic strike or lockout
(4 ) Contract Administration or Personn
Personnel
el Policy Disputes
Examples: Noncompliance with CBA provision
noncompliance with economic provisions); disregar
machinery; nonobservance or unwarranted use of
clause; illegal or unreasonable personnel manage
violation of no-strike/no-lockout agreement.
(5)) Employment Tenure Disputes

(5
Examples: Nonregularization of employees; non
labor-only contracting staff; illegal termination; n
employment contract.
Related titles
LABOR RELATIONS
Download ART. 212 8 of 1045  Search document 
Never Split the

5.4
5. 4
Civil Engineering
Remedies in LaNegotiating
Bargaining with
bor Disputes
for Contract International
A. the Devil: When
Grievance … Success: —
Procedure Essenti… Negotiation…
in-house
in-house Business
adjustment Law:…
of comp
or dispute following the steps prescribed in CBA or company po
B.
B. together") — a
Conciliation (literally means "to draw together")
disinterested third party meets with management and labor, at t
otherwise, during a labor dispute or in collective bargaining co
by cooling tempers, aids in reaching an agreement.
C. middle")) — a th
Mediation (literally means "to be in the middle"
each side of the dispute then makes proposal for the disputan
But a mediator, like a conciliator, cannot render an award or ren
they do not adjudicate. Conciliation and mediation, usually com
primarily
primarily by "Conciliators-Mediators"
"Conciliators-Mediators" of the National Conciliat
Conc iliatio
io
Board.
D.
D. Enforcement or compliance order — an act of the Se
(through Regional Director or other representatives) in the
visitorial or administrative authority to enforce labor laws, po
programs, or rules and regulations. 1
E.
E. Certification Upload your documents
of bargaining to download.
representatives
representatives — determin
contending unions shall represent employees OR
in collective b
is handled by "Med-Arbiters" of DOLE Regional Offices after
consent elections. Become a Scribd member for full access. Your
first 30 days are free.
F. Arbitration — the submission of a dispute to an imp
determination on the basis of evidence and arguments of the part
unlike conciliation or mediation, is i s adjudication and the arbitra
Continue for
award is enforcible upon the disputants. AFree
dispute pending in ar
be a ground for strike or lockout; to do so will be a sabotage o
process.
"Voluntary" — if submission of the dispute is by ag
parties and the arbitrators or panel of arbitrators is chosen by t
Related titles Arbitration is done,
do ne, of cours
course,
e, by "vo
"volunta
luntary
ry arbitrators."
"Compuls ory" — if submission of the dispute is by directiv

"Compulsory"
Search
a conciliat rator 
or or a mediator, an arbit is a juSign
dge In ; heJoin
make
awards that the parties must accept. Compulsory Arbitration is

Download by "Labor Arbiters"
8 ofof the
1045 N LRC.  Search document 
In voluntary
voluntary arbitrati
arbitration
on (VA), the award
award is final
final and unapp
through certiorari.
Difference:… In
Contracts:… compulsory arbitration
arbitrat ion ( CA ), the decision
is Business
appealable
appealablLaw:… e
to the Court of Appeals, thru special civil action of certiorari.
1Article 128.
24
DEFINITIONS
G. ption of jurisdiction — an authority vested

Assumption
Assum
Secretary of Labor or the President to decide a dispute causi
cause a strike or lockout in an industry indispensable to nat
H . Certification t o NLRC — an action of the Secre
NLRC
empowering NLRC to compulsorily arbitrate a dispute causing o
a strike or lockout in an industry indispensable to the national
Either "assumption" or "certification" automatically enjo
or impending strike/lockout. A return-to-work order is issued
the same time the employer is ordered to immediately resume
readmit all workers under the same terms and conditions preva
strike or lockout.
Related titles I. Injunction — is an extr
ex traor
aordin
dinary
ary remedy
reme dy which is not
Searchof injunction is issued

law. A writ to stopor restrain
Sign In an
Joinactua
commission of prohibited or unlawful acts or to require the
an act, which if not restrained or performed forthwith, may
Download irreparable damage 8 ofto
1045
any party or render ineffectual
 Search document any  deci
such party. In short, an injunction makes a negative or a positiv
As a rule, an injunction Upload your
or andocuments to download.
order to prevent or stop an
Bargaining with Negotiating for Contract International
Difference:… inContracts:…
resolving a the
labor dispute. The state
Devil: When … Success: Essenti… policy, rather,
OR Negotiation…
is to encou
Business Law:…
to use the nonjudicial processes of negotiation and comprom
concilation and arbitration.
The requirements or conditions to secure injunction are
Artic
Article
le 218 (e ) of the Labor Code.
Continue for Free
J. Judicial Action — complaint filed with regular court
underr its jur
unde jurisdi
isdicti
ction.
on.
Examples: Offense against persons or property; crimina
ille
illega
gall r ecr uit
uitment
ment
K. Appeal—the process
proce ss by which an order,
or der, deci
decisio
sion,
n, or a
to a higher authority, on specified grounds, so that the order, de
may be modified or set aside and a new one issued. In instances
allowed, the administrative remedies should be availed of, as a
aggrieved party may go to court. This is the legal rule known a
administrative remedies.
Examples of appeal: an enforcement order of a Region
labor standard cases is appealable to the Secretary of Labor; a
registration in the Regional Office is appealable to the Bu
Relations; a decisi
decision
2
on of a Lab
Labor
or Arb
Arbiter
iter is appealable to the app
divi
divisi
sion
on (but not to the Secr
S ecreta
etary
ry of Lab
Laboror))
1
Article 26 3.
Article
'Article 236.
Related titles
LABOR RELATIONS
Download ART. 212 8 of 1045  Search document 
Never Split the L.

Civil Engineering Review — No
by court
Bargaining with Negotiating for law allows appeal
Contract from a
International
Difference:… Contracts:… …
Secretary of the Devil: When
Labor, Success: Essenti… Negotiation…
or of the NLRC, or of a Voluntary Business Law:…
Arbitrato
the petition for certiorari, prohibition, or mandamus (Rule 65,
may be lodged with the Supreme Court or the Court of Appea
for petition for certiorari and/or prohibition are abuse of discr
excess of jurisdictio
jurisdi ction.n.
M. Comp romise agreement — in any stage of any of
Compromise
processes, the labor dispute may
may be resolved by the parties throug
t hroug
agreement, provided that the agreement is freely entered into an
to law, moral, or public policy. A compromise agreement is

approvall of the authority before
approva befor e whom
whom the case is pending.
pendi ng. Even
case can be settled through a compromise. 1

Upload your documents to download.
OR

Continue for Free
Related titles
'Article 227.
26
Title II
NATIONAL LABOR RELATIONS COM
Chapter I
CREATION AND COMPOSITION
Overview/Key Questions
Questions::
1. What is the NLRC ?
2. Is the NLRC independ
indep endent
ent of the Department
Departmen t o
Related titles
and Employment?
p y
Search
3. How is the NLRC'sadjudic
NLRC 's atorySignpower
adjudicatory In Join
distrib
Download ART. 213.

8 NATIONAL LABORRELATIONS 
Search document COMMISSI
1
of 1045
There shall be a National You're Reading a PreviewCommission
Labor Relations
attached to the Department of Labor
Upload your and
documents Employment sole
to download.
and policy coordination only, composed of a Chairman an
Difference:… Contracts:… the Devil: When … Success: Essenti…
OR Negotiation… Business Law:…
(23 ) member s.
Eight (8) members each shall be chosen only from amon
of the worker s and employ ersfirst 30 days areons,
organizati free.respectively.
respectively. Th e
the seven (7 ) remaining me mbe rs shall co me fr om the public
latter to be cho sen preferabl yContinue
from amofor Free
ng the incumbent la
Upon assumption into office, the members nominated b
and employers organizations shall divest themselves of any
or interest in the federation or association to which they bel
The Commission may sit
sit en banc
banc or in eight (8) d
composed of three (3) members. The Commission shall s
for purposes of promulgating rules and regulations governi
and disposition of cases before any of its divisions and reg
and formulating policies affecting its administration and o
'Articles 213 through 216 are here worded as amended by R.A

lapsed into law on July 27, 2006.
'Section 5 of R.A. No. 9347 reads:
"Sec. 5. Implementation — The creation of the additional d
implemented for
for a perio
periodd of not more than
t han three
th ree (3
(3)) years."
Related titles
LABOR RELATIONS
Download ART. 21
2133 8 of 1045  Search document 
Never Split the Commission

Civil Engineering shall exercise
Bargaining with its adjudicatory
Negotiating for Contract and all International
other pow
and duties through its divisions. Of the eight (8) divisions, th
third, fourth, fifth and sixth divisions shall handle cases co
National Capital Region and oth er part s of LuzoLuzon:
n: and the sev
divisions, cases from the Visayas and Mindanao, respectively;
sitting en
the Commission sitting e n banc may, on temp or ar y or emergen
cases within the jurisdiction of any division to be heard and d
oth er division
division whose do cket allows
allows the additional workloa d an
will not expose litigants to unnecessary additional expense. T
the Commission shall have exclusive appellate jurisdiction ov
their respective territorial jurisdiction. (As amended by R A
1, 1994] and RA. No. 9347, effective August 26, 2006).
The concurrence of two (2) Commissioners of a div
necessary f or the pro nounceme nt of a judgme nt or resolution
resolution
required membershi
member shi p in a divisio
division
n is not comp lete and the con
( 2 ) Commissioners to arrive at a judgment or resolution cann
the Chairman shall designate such number of additional
from the other divisions Upload your documents
as may to download.
be necessary.
The conclusions of a division OR on any case submitted to
shall be reached in consultation before the case is assigned t
Become aIt
the writing of the opinion. Scribd member
shall for full access.
be mandatory Your
f o r the divi
purposes of the consultationfirst 30 days are free.
ordained herein. A certificatio
signed by the Presiding Commissioner of the division shall b
copy the reo f atta ched to the rec or d of the case an d ser ved up
Continue for Free
T he C hai rman shall
shall be the Presi ding Com miss ione r of th
and the seven ( 7 ) other
other members from the public sector shall b
Commissioners of the second, third, fourth, fifth, sixth, seve
divisions, respectively. In case of the effective absence or in
Chairman, the Presiding Commissioner of the second divisi
Related titles
Acting Ch air man.
g
TheSearch
Chairman, aided by the
Executive
 Clerk
Sign In of the
Join Co
have exclusive administrative supervision over the Comm
Download regional branches

8 and
of 1045all its
its pers onnel, including
includ
 Search ing the L ab or
document 
The Commission, when sitting sitting en banc, shall be assist
Executive Clerk, and, when acting thru its Divisions, by said E
Never Split the for
Civil its first division
Engineering and seven
Bargaining with 7 ) other
(for
Negotiating Deputy Executive
Contract International
Difference:… Contracts:… Devil: When … Success: Essenti… Negotiation…
second, third,the Business Law:…
fourth, fifth, sixth, seventh, and eighth Divisio
in the performance of such similar or equivalent functions an
discharged by the Clerk of Court and Deputy Clerks of Cou
of Appeals.
28
CREATION AND COMPOSITION
The Commission and its eight (8) divisions shall be a

Commission Attorneys in its Appellate and adjudicatory fu
terms shall be coterminous with the Commissioners with w
assigned. The Commission Attorneys shall be members of
B ar with
with at least one ( 1 ) year
year experience or exposure in the
mana gemen t relations. Th ey shall rece ive annual salaries and
to the same allowances and benefits as those falling under
twenty-six (SG 26). There shall be as many Commission Att
be necessary for the effective and efficient operations of th
but in no case more than three ( 3 ) assigned to the Office of
and each Commissioner .
Related titles
No Labor Arbiter shall be assigned to perform the fu
No Labor Arbiter shall be assigned to perform the fu
Commission to th e
SearchAtt orney nor detailed Sign
office In any
of Join
comm
ART. 214. HEADQUARTERS, BRANCHES AND PROVINCI
Download UNITS. 8 of 1045  Search document 
The Commission and its first, second, third, fourth,
divisions shallBargaining
havewith Uploadmain
their your documents
offices to
indownload.
Metropolitan
Never Split the Civil Engineering Negotiating for Contract International M
seventh and eighth divisions in theORcities of Cebu and Ca
respectively
respecti vely.. T h e Com missi on shall establish as many region
there are regional offices of the Department of Labor and
sub-regional bra nch es or provincial exte nsio n units. Th er e s
labor arbiters as may be neces sar y f o r t h e effect iv ivee a n d effi
Continue for Free
of the Commission. [As ame nde d by R A . No . 9 34 7, effect
2006.]
COM MEN TS AND CASES
1. NLRC:
NLR C: NATURE AND ORGANIZATION
1.1
Cre ation and Autonomy
Creation
Before the advent of the Labor Code the labor court wa
Industrial Relations. When martial law was declared in Septembe
21 (October 1 4 , 1 9 7 2 ) abolished the C I R and repl ace
acedd it wi
with
th an
Labor Relations Commission. This NLRC was short-lived as it g
NLRC which the Labor Code created in 1974.
The Code originally envisaged the National Labor Relatio
as an integral part of the Department of Labor and Employme
"There shall be a National Labor Relations Commission in the
Labor and Employment, x x x " But Republic Act No. 6715 (M
introduced a number of amendments, one of which declare
shall be a National Labor Relations Commission which shall be
Department of Labor and Employment for program coordinati
Related titles

LABOR RELATIONS
Download ARTS. 2 1 3 - 2 1 48 of 1045  Search document 
1.2
1.2 Admin
Administra
istrative
tive Supervision Delegated to the D O L E Sec
Secreta
reta r
Difference:…
Th
Contracts:…
e limitin
limitingg phrase "for program coordinat
coord ination
ion only"
in the first
first par
Business Law:…
of Article 21 3 did not hinder
hin der the issuance of Executive Orde Or derr No. 204 , dat
5, 2005, by President Gloria Macapagal Arroyo. Premised on the presi
power to "have control of all the executive departments, bureaus and
under the constitution, the
t he Executive Orde r delegate
delegatedd to the Secretary
Secre tary o
"administrative supervision over the NLRC, its regional branches and
personnel." The Order cited two objectives: (1) to further improve the
disposition
disposition of cases and (2) to enha
en hanc
ncee existing measures for
for the preven
graft and corruption in the NLRC.

In the exercise of the delegated authority the Secretary was tasked
"enhan ce existing
"enhance exi sting measures within
within the agen
agency,
cy, or initiate ne
to prevent graft and corruption, x x x" and including such meas
management audit, performance evaluations and inspections to de
compliance with policies, standards and guidelines;
"to investigate, on its own or upon complaint, matters in
disciplinary action against any presidential appointees in the N
accordance with existing law and regulations."
The delegation of authority,You're Reading
the a Preview
Executive Order stated, did not
to the power to review, reverse, revise, or modify decisions of the NLRC
Upload your documents to download.
exercise of its judi cia l functions.
After E.O. No. 20 4 was issued, a new Acti
ORng NLR C chair
cha irman
man was
was app
But he did not
no t last
last long in office beca use a new cha ir irman
man was
was appoi nte
nted
d
law took effect. Republic Become a Scribd
Act No. 9347, member
withoutfor full access. Yoursignature
presidential
into law
law on Jul y 27, 20 06 becau se of first
the30constit
days are free.
utional
uti onal provision that a b
become a law" if nonott vetoe
vetoedd by the Pre sidsident
ent within
within 30 daysdays from
from rec eip
published, according to N LRC, on AugustAugust 1 1 , 2006.
R.A. No. 934 7 is inco
incorpor
rporate
ated Continue
d in Articlesfor
21Free
3 through 21 6 as here wo
wo
reiterates that the NLRC is attache
attachedd to DO LE "solely" (repeat ed in the wor
word d
for program and policy coordination. It likewise elevates to the Court-of-
level the qualifications, pay, perquisites, and rank of the NLRC commi
whose number is increased from 15 to 24 in eighte ight divisions instead of fiv
Related titles 1.3 Essential

Essenti al Ch
Chara
aractercter
R bl i A N i
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdf did b li h h N i l L b 45/605
R
Republ ic Act No. 6 7 1 5 in 1 9 8 9 did not abolish the National Labo
La borr R
Commission, Search
or change its essential character  as asupervisory
Sign In Joinadju
and
body. Under said Act, as under the former law, the National Labor R
Commission continues to act collegially, whether it performs administr
Downloadrule-making functions8 of 1045
or exercises appellate 
Search document 
jurisdiction to review decisi
final orders of the Labor Arbiters. 1
Difference:…
'Mayor
Contracts:…
vs.
vs. Macaraig, G.R. No. 87211 , March 5, 199 1.
5,
30
CREATION AND COMPOSITION ARTS. 2
1.4 Tripartite
Triparti te Composition
Another amendment by R.A. No. 6715 is the restoration of tr
representation in the Commission. The same Article 213, as amended, p
that the Chairman and fourteen, now twenty-three, members com
the National Labor Relations Commission shall be chosen from the w
employers and the public
publ ic sectors.
sect ors. Howeve
However,
r, once
on ce they assume office "the m
nominated by the workers and employers organization shall divest them
of any affiliation with or interest in the federation or association to whi
belong." Stre
Strengthen
ngthening
ing the tripartite representation,
represent ation, R.A. No. 934 7 requ
an appointee to a vacancy should be a nominee of the sector that nom
the predecessor.
1.5 Allocation of Powers Between N L R C E

En Banc and Its
n Banc I ts Divisi
Related titles Still another amendment is in the allocation of powers and fu
between the Commission en
https://www.scribd.com/document/337665004/Azucena-Labor-Code-Vol-2-pdf-pdf
on the one hand and its Divisions
46/605
between the Commission en banc, on the one hand, and its Divisions,
other. The Search
law, as amended by R.A. No.  6715  and R.A.
Sign InNo. 9347,
Join p
that the commission "shall sit en banc only for purposes of promulgatin
and regulations governing the hearing and disposition of cases befo
Downloadof its divisions and8 regional
of 1045 branches andformulating 
Search documentpolicies affec
administration and operations."You're Reading aR.A.

Additionally, Preview
No. 7700 (May 1
requires an en banc decision so that a case within the jurisdiction of one d
Never Split the Civil Engineering Bargaining withUpload your documents
Negotiating for to download.International
Contract
Difference:… may be heard andthedecided
Contracts:… Devil: Whenby
… another divisionNegotiation…
Success: Essenti… whose docketBusiness
can accom
Law:…
the additional workload. Lastly, the appointment OR of a Labor Arbiter
President needs a recommendation of the Commission en banc.
Become aits
The NLRC "shall exercise Scribd member for
adjudicatory fullall
and access.
otherYour
powers, fu
and duties through its divisions." T h e "division" is a legal entity, not the
who sit in it. Hence, an individual commissioner has no adjudicatory
although, of course, he can concur orContinue
dissent for Free
in deciding a case. The law
the adjudicatory power on each of the eight divisions, not on the ind
commissioners nor on the whole commission.
In view of the enactment of Republic Act 6715, the rules requir
Commission en banc to decide or resolve a certified dispute have acco
been repealed. 1
A resolution on a motion for reconsideration is valid even

commissioners that passed the resolution are not the same commis
who made the decision sought to be reconsidered. What matters is th
commissioners voting on the motion are duly assigned to the division. 2
There is nothing irregular in temporary designation of a commis

to a division. The law empowers the NLRC Chairman to make tem
'Union of Filipro Employees vs. NLRC, et al, G.

G.RR No. 91025, December 1
December 1
2Mina, et al vs
vs.. NLRC, G.R. Nos.
Nos. 97251-52,
97251- 52, July 14, 1995.
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
You're reading a preview 
Unlock full access (pages 43-67)

by uploading documents or with
a 30 Day Free Trial
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Unlock full access (pages 90-126)

by uploading documents or with
a 30 Day Free Trial
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Unlock full access (pages 149-

Download 180) by 8uploading
of 1045 documents orSearch document 
with a 30 Day Free Trial
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

250) by uploading documents or
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Unlock full access (page 405) by

uploading documents or with a
30 Day Free Trial
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Download 8 ofreading
You're 1045 a preview   Search document 
Never Split the 664) by
Civil Engineering uploading
Bargaining with documents
Negotiating for orContract International
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Difference:… Contracts:… Unlock fullWhen
the Devil: access (pages
… Success: 685- Negotiation…
Essenti… Business Law:…
Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Continue for Free
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles
Related titles

Reward Your Curiosity
Everything you want to read.
Anytime. Anywhere. Any device.
Read Free For 30 Days
No Commitment. Cancel anytime.
Share this document

    
Related Interests
Strike Action Employment Trade Union Collective Bargaining Mediation
Documents Similar To Azucena_Labor_Code_Vol_2.pdf.pdf
CRALaw - Labor 96955673 Labor Civpro - Riano Natural Resources CRALaw - Labor R
Law Pre Week… Code Vol II Azucena Reviewer and Environment… Law PreWeek… P
UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY U
freegalado andresjosejr laurs Milea Kim Karl… freegalado
Related titles Bonito Bulan

More From
Download 8 of 1045  Search document  
VAWC
Difference:… Nayong
Contracts:… Pilipino Torres
the Devil: v. …
When TSM Shipping
Success: Essenti… Negotiation… INTERNET AND H
Business Law:…
UPLOADED BY Foundation v. Tan Aruego.pdf (Phils.), Inc. and… EMAIL REVIEWER… I
Demi Pig UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY U
Maricel Paclian Maricel Paclian Bonito Bulan Bonito Bulan
Popular in Contract
BS 1722-11 2006 Crown Heights MIA G.R. No. 11263 Cudiamat vs V

UPLOADED BY Homeless Shelter… UPLOADED BY UPLOADED BY Batangas Saving… U
Anoy UPLOADED BY Legal Cheek Jules Antenor UPLOADED BY
Marc Torrence Ck Bongalos A…
ABOUT SUPPORT
About Scribd Help / FAQ
Press Accessibility
Our blog Purchase help
Join our team! AdChoices
Contact Us Publishers
Join today
Invite Friends
Gi s
LEGAL
Related titles    
Terms
Privacy
Copyright

Copyright © 2020 Scribd Inc. . Browse Books . Site Directory . Site Language: English
Related titles

Azucena - Labor - Code - Vol - 2.pdf - PDF - Strike Action - Employment PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Azucena - Labor - Code - Vol - 2.pdf - PDF - Strike Action - Employment PDF

Uploaded by

Copyright:

Available Formats

2/16/2020 Azucena_Labor_Code_Vol_2.pdf.

pdf | Strike Action | Employment

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Search   Sign In Join

Download 8 of 1045  Search document 

Related titles Overview/Key Questions:

1. What are the policy objectives of our labor r

2. Employer-employee rel ati onsh ip must exist

ART. 211. DECLARATION OF POLICY

(g) To ensure the par ticipation of workers in decisi

Search   Sign In Join

claims or anti-union acts, is called "labor relations" commissio

on employee participation and collective interactions betwee

other form of association. They may or may not register their or

employees' representatives meet and talk over proposals and co

Search   Sign In Join

busts the the

by violence or other illegal acts — in a word, when the legal

government tries to resolve the dispute.

The laws, as a force that balances the parties' rights and

succinctly states: "Every person must, in the exercise of his ri

the ultimate purpose of securing through united action the

All combi nati ons or associations, altho ugh con ce rn ed wi

of dues-paying members, operating through elected officers

Download 8 of 1045  Search document 

Three other human desires should be noted among the

'Article 19, Civil Code.

Search   Sign In Join

The union is the recognized instrumentality and mou

to protect themselves against 'the reaction of conflicting econom

However, it is unlawful for workmen to co mbine and to cont

4. I LO CONVENT ION NO. 87

to draw up their constitutions and rules, to elect their represe

Never Split the Civil Engineering Bargaining with

L-4941,July 25, 1952.

31 Am. Jur., Sec. 3 6, p. 852.

5. WORKERS' PARTICIPATION IN POLICY-MAKING

we further discuss this right.

Download 8 of 1045  Search document 

Search   Sign In Join