LABOR RELATIONS – LABOR LAW 2

• WE WILL STUDY LEGITIMATE LABOR ORGANIZATION, HOW TO ORGANIZE OR FORM, WHO CAN JOIN,
BENEFITS OF BEING LLO, WHO ARE EMPLOYEES, EMPLOYER, MANAGERIAL EMPLOYEES, ETC

• WE WILL STUDY THE FUNCTIONS AND POWERS OF BLR, MED-ARBITER, LABOR ARBITER, NLRC, NCMB,
VOLUNTARY ARBITRATOR, SECRETARY OF LABOR

• WE WILL STUDY GROUNDS FOR TERMINATION, DUE PROCESS, ETC.

• WE WILL STUDY RETIREMENT, RESIGNATION, INVOLUNTARY TERMINATION OF EMPLOYMENT

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)
EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

• - IS A JURISDICTIONAL PREREQUISITE FOR THE EXERCISE OF JURISDICTION OVER A LABOR DISPUTE BY

THE LABOR ARBITERS AND OTHER LABOR TRIBUNALS

• THE CAUSE OF ACTION MUST ARISE FROM ER-EE RELATIONSHIP

• REASONABLE CAUSAL CONNECTION RULE
• POWER TO DETERMINE EMPOYMENT RELATIONSHIP
• NOTE: PEOPLE BROADCASTING SERVICE VS. SOL (BOMBO RADIO CASE) – DOLE SEC OR DOLE REGIONAL
DIRECTOR MAY DETERMINE THE EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)
GOALS OF LABOR RELATIONS
• PER AZUCENA, THE GOALS OF LR ARE STATED IN THE CONSTITUTION WHICH STATES THAT:
• SECTION 9. THE STATE SHALL PROMOTE A JUST AND DYNAMIC SOCIAL ORDER THAT WILL ENSURE THE
PROSPERITY AND INDEPENDENCE OF THE NATION AND FREE THE PEOPLE FROM POVERTY THRU POLICIES
THAT PROVIDE ADEQUATE SOCIAL SERVICES, ETC.

• SECTION 10. THE STATE SHALL PROMOTE SOCIAL JUSTICE IN ALL PHASE OF NATIONAL DEVELOPMENT
• ART. 218 – ENUMERATES THE STRATEGIC POLICIES OF THE LABOR RELATIONS

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)
ART. 218. DECLARATION OF POLICY. IT IS THE POLICY OF THE STATE:
 

• TO PROMOTE AND EMPHASIZE

• A) THE PRIMACY OF FREE COLLECTIVE BARGAINING AND NEGOTIATIONS, INCLUDING VOLUNTARY ARBITRATION, MEDIATION AND
CONCILIATION, AS MODES OF SETTLING LABOR OR INDUSTRIAL DISPUTES…

• B) FREE TRADE UNIONISM AS AN INSTRUMENT FOR THE ENHANCEMENT OF DEMOCRACY AND THE PROMOTION OF SOCIAL JUSTICE AND
DEVELOPMENT; ….

• C) ENLIGHTENMENT OF WORKERS CONCERNING THEIR RIGHTS AND OBLIGATIONS AS UNION MEMBERS AND AS EMPLOYEES;
TO FOSTER THE FREE AND VOLUNTARY ORGANIZATION OF A STRONG AND UNITED LABOR MOVEMENT;

• TO PROVIDE AN ADEQUATE ADMINISTRATIVE MACHINERY FOR THE

TO ENSURE THE PARTICIPATION OF WORKERS IN DECISION AND POLICY-MAKING PROCESSES AFFECTING THEIR RIGHTS, DUTIES AND
WELFARE.

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)
DEFINITION OF TERMS
a. “EMPLOYER” INCLUDES ANY PERSON ACTING IN THE INTEREST OF AN EMPLOYER, DIRECTLY OR INDIRECTLY.
b. “EMPLOYEE” INCLUDES ANY PERSON IN THE EMPLOY OF AN EMPLOYER. THE TERM SHALL NOT BE LIMITED TO THE
EMPLOYEES OF A PARTICULAR EMPLOYER, UNLESS THE CODE SO EXPLICITLY STATES. IT SHALL INCLUDE ANY INDIVIDUAL
WHOSE WORK HAS CEASED AS A RESULT OF OR IN CONNECTION WITH ANY CURRENT LABOR DISPUTE OR BECAUSE OF ANY
UNFAIR LABOR PRACTICE IF HE HAS NOT OBTAINED ANY OTHER SUBSTANTIALLY EQUIVALENT AND REGULAR EMPLOYMENT.
 

c. “LABOR ORGANIZATION” MEANS ANY UNION OR ASSOCIATION OF EMPLOYEES WHICH EXISTS IN WHOLE OR IN PART FOR
THE PURPOSE OF COLLECTIVE BARGAINING OR OF DEALING WITH EMPLOYERS CONCERNING TERMS AND CONDITIONS OF
EMPLOYMENT.
 

• “LEGITIMATE LABOR ORGANIZATION” MEANS ANY LABOR ORGANIZATION DULY REGISTERED WITH THE DEPARTMENT OF
LABOR AND EMPLOYMENT, AND INCLUDES ANY BRANCH OR LOCAL THEREOF

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)
BOOK III AND BOOK 5 EMPLOYEE
• BOOK 3 FOUR FOLD TEST ..ELEMENT OF CONTROL, ETC.
• BOOK 5 – EMPLOYEE IS DEFINED AS:
• “EMPLOYEE” SHALL INCLUDE (1) ANY EMPLOYEE AND (2) SHALL NOT BE LIMITED TO
THE EMPLOYEE OF ANY PARTICULAR EMPLOYER UNLESS THE ACT EXPLICITLY
SAYS OTHERWISE AND (3) SHALL INCLUDE ANY INDIVIDUAL WHOSE WORK HAS CEASED
AS A RESULT OF OR IN CONNECTION WITH ANY CURRENT LABOR DISPUTE OR
BECAUSE OF ANY UNFAIR LABOR PRACTICE IF HE HAS NOT OBTAINED ANY OTHER
SUBSTANTIALLY EQUIVALENT AND REGULAR EMPLOYMENT.

COMPILED BY RONIETO B. BATA -

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LABOR RELATIONS (LABOR LAW 2)