LABOR LAW

Frequently Asked Questions

 FREQUENTLY ASKED QUESTIONS IN LABOR LAW

TOPICS YEAR ASKED

LABOR STATUTES
Interpretation in favor of labor 2006, 2009, 2017
Social justice 2006, 2011
Differentiate labor standards and labor relations 1997, 2006, 2008
RECRUITMENT AND PLACEMENT OF WORKERS
Recruitment and Placement 1991, 2006, 2008, 2017
Corporations, citizenship requirement 2015
Rule on the “Equity of the Incumbent” 2015
Illegal recruitment 2010, 2011
Serrano doctrine 2009, 2010, 2012
Illegal recruitment, when considered economic 2002, 2005, 2006, 2007, 2015
sabotage
License vs. Authority 1998, 2005
Liabilities of local recruitment agency 2002, 2015, 2017
Suspension or Cancellation of license or authority 2004
Prohibited activities 2006
LABOR STANDARDS
Hours of work/compressed work week 2004, 2005
Overtime Work, Overtime Pay 1997, 2002, 2003, 2010, 2015,
2017, 2022
Night Shift Differential 2002
Wages 1994, 1997, 2008, 2015
Workers Paid By Results 2004
Deductions From Wages 1998, 2010, 2013, 2017
Wage Distortion/Ratification 1997, 2000, ,2006, 2009
Rest Periods 1998, 2002
Holiday Pay 2002, 2019
13TH month Pay 1994, 1998, 2012, 2018
Separation Pay 1997, 2001, 2003
Retirement Pay 1994,2001, 2005, 2007,2018
Service Incentive Leave Pay 2019
SPECIAL WORKERS
Women Workers 1995, 1998, 2003, 2004, 2012
Employment Of Minors 2002, 2004, 2007, 2012
Househelpers 2000
Househelper vs. Homeworker 2017
Assignment to non-household work 1998, 2007, 2012
Domestic or household service, nature 2000, 2009
Househelper, definition 1998, 2007, 2012
PWDs 1998,2000,2006,2012
Stay-in family drivers whether included under 2018
Kasambahay Law
SPECIAL LEAVES
Maternity leave, coverage 2005, 2007, 2013, 2015,
2016,2018
Paternity leave, coverage 2005, 2013,2018
KINDS OF EMPLOYMENT
Four-fold Test; Employer-Employee Relationship 1999, 2000, 2001 ,2008, 2014,
2015, 2017, 2019, 2022
Regular Employees; When employment is deemed 1992, 2005, 2006, 2008, 2010,
regular 2012, 2015, 2016, 2018, 2022
Project employees, Seasonal employees 2016, 2019, 2019
Regularization of project employees 1993, 1994, 2005, 2013
Regularization of term/contractual employees 2005, 2011, 2014
Learnership vs. apprenticeship 2016, 2017
Term employment 2008, 2009
Probationary period 1993, 1995, 2019, 2020-21
Security of Tenure 2014
JOB CONTRACTING
Labor-only contracting 1990, 1991, 1994, 1997, 2008,
2009, 2012, 2019
Effect of legitimate job contracting on the relation of the 2008,2011, 2012, 2014, 2017
parties
Solidary liability of direct and indirect employers 2005, 2009, 2012, 2014, 2016
Legitimate job contracting 2008, 2012, 2022
Substantial capitalization 2009, 2012
TERMINATION OF EMPLOYMENT
Just Causes 1991, 1993, 1995, 1996, 1998,
1999, 2009, 2013, 2014, 2015,
2016, 2017, 2018, 2019
Authorized Causes 2000, 2001, 2006, 2012
Sexual Harassment, Acts constituting 2009, 2012, 2018, 2022
Twin notice rule 1994,1995,2006, 2009, 2012,
2014, 2016
Due process in dismissal on authorized causes 2006, 2012, 2019, 2022
Due process in dismissal on just causes 1993, 1999, 2006, 2012, 2022
Constructive dismissal 1996, 2012, 2013, 2014, 2015,
2019
Preventive Suspension 2015, 2022
Agabon doctrine 2009, 2012
Illegal dismissal 1990, 1991, 1992, 1994, 1997,
2013, 2016, 2020-21
Inconvenience of transfer as ground for illegal dismissal 2018
Financial reverses 1990
Reinstatement 1994, 1995, 1997, 2019
Separation Pay in lieu of Reinstatement 2002, 2019
Backwages 1994, 2017
Computation 2001, 2002
Voluntary resignation; Resignation v. Constructive 1994, 1999, 2019
Dismissal
Voluntary Resignation v. Compulsory Resignation 2019
“Successor employer” doctrine 2015
Personal liability of corporate officers for corporate acts 2015
declared to be unlawful
Requirements for legal retrenchment 2019
MANAGEMENT PREROGATIVE
Management Prerogative 1994, 2014
Imposition of conditions prerequisite to employment or 1995, 1997, 1998. 2008, 2009,
those upon which continued employment depends 2010, 2012
Company practice 2005, 2011, 2012, 2013
Granting, denying, or reducing of bonus 2002, 2003, 2015
Post-employment restriction 2022
SOCIAL WELFARE LEGISLATION
Social Security Law, coverage 1990, 1991, 1993, 1995, 1997,
2014, 2015, 2016
Dependents 2017, 2019
Exclusion 1994
Disability benefits 2015, 2018, 2022
Death benefits 1992, 2005, 2015, 2019
GSIS LAW
Exclusion 20015, 2015
Benefits/ Beneficiaries 1994, 2004, 2018
EMPLOYEE’S COMPENSATION
Extent of coverage; "in the course of employment," 1997, 2008, 2012
meaning
Principles of compensability, going to/ from work 2008, 2012, 2017
LIMITED PORTABILITY LAW - 1994
LABOR ORGANIZATIONS
Who may unionize 1996, 2000, 2002, 2003, 2008,
1995, 1999, 2014, 2017
Who may not form, join or assist labor union 2002, 2002, 2002, 1999, 2014,
2015, 2018, 2020-21, 2022
Effect of inclusion as union members of employees 2010
outside the bargaining unit
Distinction, Union dues vs. agency fees 2015
Collection of Union Dues 2022
Right to self-organization 1996, 2000, 2014
Bargaining agent 2008
Bargaining unit, definition of 2007, 2011
Cancellation of Union Registration 2018
COLLECTIVE BARGAINING AGREEMENT
Automatic renewal clause 2008, 2009, 2010, 2013
Availment of benefits by non-union members; check-off 1993, 2005, 2010
Freedom period 2009, 2011
Maintenance of Membership clause 2015, 2016
Distinction, Closed shop clause vs. Maintenance of 2015
Membership clause
Closed shop agreement 1995, 1997, 1999
Contract bar rule 1999
Advantages/Disadvantages between voluntary 2015
arbitration and compulsory arbitration
Renegotiation of CBA except Representation Aspect 2019
Third-Doctor Conflict Resolution Procedure 2019
CERTIFICATION ELECTION
Certification election 1990, 1991, 1992, 1993, 1999,
2006, 2012, 2016, 2017, 2018,
2019, 2022
Consent election 2006, 2012, 2017
Modes of determining exclusive bargaining agent 2006, 2012
Run-off election 2006, 2009, 2014
Voluntary recognition 2006, 2012, 2017
STRIKES, PICKETING AND LOCKOUT
Requisites of a valid strike 1992, 1998, 2004, 2006, 2007,
2009, 2012, 2014, 2015, 2016
Strike, concept of 2008, 2010, 2012, 2013, 2019
Illegal strike, effect on striking workers 1995, 2007, 2008, 2010, 2015,
2017
Effect of hiring by employer of replacements for 2006, 2012
striking workers
Government employees’ right to join concerted mass 2004, 2009
actions
Illegal acts, effect on union officers and workers 1992, 2006, 2014, 2017
Strike vote requirement 2009, 2010
Payroll Reinstatement of strikers 2018
Requisites of a valid lock-out 1994, 1995, 2013
Strike v. Lock out 2019
UNFAIR LABOR PRACTICE
ULP of employers 1990, 1991, 1992, 1996, 1997,
2009, 2011, 2012, 2014,
2016,2018, 2019
Management Prerogative Clause CBA 1994
JURISDICTION
Visitorial and enforcement powers of the Secretary of 2011, 2012, 2014, 2016, 2019
Labor and Employment
Assumption of jurisdiction over a labor dispute by the 1991, 1992, 1994, 1996, 1997,
Secretary of Labor and Employment 1998, 1999, 2008, 2010, 2015,
2017, 2018
Effect of Disobedience to the return to work order 2017
Jurisdiction of the Bureau of Labor Relations 1998, 2007, 2012, 2019
Jurisdiction of the National Labor Relations 1995, 1993, 1999, 2006, 2007,
Commission 2014, 2015, 2016, 2018
Distinction, Jurisdiction of the Labor Arbiter vs. NLRC 2015
Jurisdiction of the Voluntary Arbitrator 1997, 2010, 2011, 2017, 2019
Jurisdiction over money claims of migrant workers 2009, 2012
Jurisdiction over wage distortion cases 2009, 2012
Jurisdiction of the Labor Arbiter 1990, 1993, 1994, 1995, 1996,
2009, 2011
Jurisdiction over dismissal of intra-corporate disputes 1996, 2011, 2014, 2015
Jurisdiction of DOLE Regional Director 1991, 1994, 2008, 2012
Jurisdiction of Regular Courts 1999, 2001
Grievance Machinery 2019
REMEDY
Motion to Dismiss 1996, 1999
Grounds for Labor Injunction to issue 2015
Attorney’s fees 2016
Interests 2016
Perfection of an Appeal 2016, 2019
Prescription of Money claims 2018, 2019

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