COURSE OVERVIEW OF LABOR LAWS AND SOCIAL LEGISLATION II

Instructor: Atty. Ellaine Marie C. Tate

I- LABOR RELATIONS

1. Right to self-organization
1. Who may join, form, or assist labor organizations or workers’
associations
2. Restrictions as to managerial employees, supervisory employees,
confidential employees, employee-members of cooperatives, alien
employees, and government employees
3. Determination of appropriate bargaining unit (ABU), effect of
inclusion of employees outside of the ABU
4. Non-interference with workers’ rights to self-organization
2. Legitimate labor organizations
1. Registration with the DOLE
2. Cancellation of registration
3. Affiliation/disaffiliation from national union or federation
4. Rights of legitimate labor organizations
5. Rights and conditions of membership in legitimate labor
organizations
6. Check off, assessments, union dues, and agency fees
7. Union security clause
3. Bargaining representative

1. Modes to acquire status as Sole and Exclusive Bargaining Agent (SEBA)

1. SEBA Certification
2. Certification/Consent Election
3. Bars to the holding of Certification/Consent Election
4. Failure of election, Run-Off Election, Re-run election
5. Employer as a mere bystander rule

D. Collective bargaining

1. Duty to bargain collectively, bargaining in bad faith

 2. Collective bargaining agreement (CBA), mandatory provisions
3. Signing, posting, registration
4. Term of CBA, freedom period
5. Unfair Labor Practices
a. Nature, aspects
b. By employers
c. By labor organizations

5. Peaceful concerted activities

1. Strikes
1. Grounds for strike
2. Mandatory procedural requirements
3. Legal strike vs. illegal strike
4. Prohibited acts during strike
5. Liability of union officers and members for illegal strike and
illegal acts during strike
2. Picketing
3. Lockouts
1. Grounds for lockout
2. Mandatory procedural requirements
4. Assumption of jurisdiction by the DOLE Secretary
5. Injunctions

II- TERMINATION OF EMPLOYMENT

1. Security of tenure
1. Categories of employment as to tenure
1. Regular
2. Casual
3. Probationary
4. Project
5. Seasonal
6. Fixed-term
7. Work-pool employees
2. Legitimate subcontracting vs. labor-only contracting
1. Elements
2. Trilateral relationship
3. Solidary liability
 2. Termination by employer
1. Substantive due process
1. Just causes
2. Authorized causes
2. Procedural due process, Two-notice rule
3. Illegal dismissal, reliefs therefrom
a. Reinstatement
b. Backwages
c. Separation pay, doctrine of strained relations
d. Damages
e. Attorneys’ fees
f. Liabilities of corporate officers
g. Burden of proof
3. Termination by employee

a. Resignation versus constructive dismissal

b. Abandonment
c. Preventive Suspension
d. Floating status
e. Retirement

III- MANAGEMENT PREROGATIVE

1. Discipline
2. Transfer of employees
3. Productivity standards
4. Bonus
5. Change of working hours
6. Bona Fide Occupational Qualifications
7. Post-employment restrictions
8. Clearance procedures
9. Limitations on management prerogative; police power of the State

IV- JURISDICTION AND RELIEFS

1. Mandatory conciliation-mediation, SENA

2. Labor Arbiter
3. National Labor Relations Commission
 4. Judicial review of labor rulings
5. Bureau of Labor Relations
6. National Conciliation and Mediation Board
7. POEA
8. DOLE Regional Directors
9. DOLE Secretary
10.Grievance machinery
11.Voluntary arbitrator
12.Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses under the Labor Code
5. Illegal recruitment

V- SOCIAL WELFARE LEGISLATION

A. SSS Law (R.A. No. 8282) Page 2 of 5

1. Coverage and exclusions

2. Dependents and beneficiaries
3. Benefits

2. GSIS Law (R.A. No. 8291)

1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
3. Limited Portability Law (R.A. No. 7699)
4. Disability and death benefits
1. Labor Code
2. POEA-Standard Employment Contract for Seafarers

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