Docsity
Log inSign up
Docsity
Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity

Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan

Guidelines and tips
Guidelines and tips
Sell on Docsity
Sell on Docsity
Log inSign up

Prepare for your exams

Study with the several resources on Docsity

Find documents

Prepare for your exams with the study notes shared by other students like you on Docsity

Search Store documents

The best documents sold by students who completed their studies

Search through all study resources
Docsity AINEW

Summarize your documents, ask them questions, convert them into quizzes and concept maps

Explore questions

Clear up your doubts by reading the answers to questions asked by your fellow students

Earn points to download

Earn points by helping other students or get them with a premium plan

Share documents
download point icon20 Points

For each uploaded document

Answer questions
download point icon5 Points

For each given answer (max 1 per day)

All the ways to get free points
Get points immediately

Choose a premium plan with all the points you need

Study Opportunities

Choose your next study program

Get in touch with the best universities in the world. Search through thousands of universities and official partners

Community

Ask the community

Ask the community for help and clear up your study doubts

University Rankings

Discover the best universities in your country according to Docsity users

Free resources

Our save-the-student-ebooks!

Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors

From our blog

Exams and Study
Go to the blog

Labor code of the Philippines (Reviewer for CHRA EXAM), Study notes of Labor and Social Security Law

Eulogio "Amang" Rodriguez Institute of Science and TechnologyLabor and Social Security Law

This was a reviewer I made to pass the CHRA exam in the Philippines, last March 2023.

Typology: Study notes

2022/2023

Available from 08/26/2024

Crier_G
Crier_G 🇵🇭

6 documents

1 / 10

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
LABOR CODE OF THE PHILIPPINES
BOOK 1 PRE-EMPLOYMENT
TITLE I: Recruitment and placement of workers
NOTE: IT’S ABOUT RECRUITMENT AND PLACEMENT
-Addressed to workers (overseas, local, non-resident)
-Topic about illegal recruitment will fall here
-Provision of employment opportunities; to help them acquire a job; to
prevent taking advantage of applicants
Key articles:
Article 13- Definition of terms
Article 34- Actions prohibited in conducting recruitment and placements
Article 38- Illegal recruitment
Article 39- penalties if performed illegal R.
Chapter I: General Provisions
-Article 12 to article 24
Article 12 -Tells the objective of title I
Article 13 - Important definition of terms
Worker
Recruitment and placement
Private fee-charging employment agency
-Requires fees
License
Private recruitment entity
-Does not require fees to be paid
Authority
Seaman
Overseas employment
Emigrant
Article 14- The secretary of labor powers and authority to:
(a) To organize and establish new employment offices in addition to the
existing employment offices under the Department of Labor as the need
arises;
(b) To organize and establish a nationwide job clearance and information
system
(c) To develop and organize a program that will facilitate occupational,
industrial and geographical mobility of labor and provide assistance in the
relocation of workers from one area to another
Article 15- Bureau of employment services (monitors/develop
programs to promote employment; to uphold employment
opportunities)
- The regional offices of the Ministry of Labor shall have the original and
exclusive jurisdiction over all matters or cases involving employer-employee
relations including money claims, arising out of or by virtue of any law or
contracts involving Filipino workers for overseas employment except seamen
Article 17-Overseas Employment Development Board
- protect overseas worker rights to fair and equitable employment practices.
-Power and duties:
*To promote the overseas employment of Filipino workers through a
comprehensive market promotion and development program;
*To secure the best possible terms and conditions of employment of Filipino
contract workers on a government-to-government basis and to ensure
compliance therewith;
Article 18-Ban on direct hiring (Overseas)
-To secure the best possible terms and conditions of employment of Filipino
contract workers on a government-to-government basis and to ensure
compliance therewith;
Article 20-National seamen board; power and duties
-The Board shall have original and exclusive jurisdiction over all matters or
cases including money claims, involving e mployer-employee relations,
arising out of or by virtue of any law or contracts involving Filipino seamen
for overseas employment.
Article 21
Article 22-Mandatory Remittance of Foreign Exchange Earnings.
- It shall be mandatory for all Filipino workers abroad to remit a portion of
their foreign exchange earnings to their families, dependents, and/or
beneficiaries in the country in accordance with rules and regulations
prescribed by the Secretary of Labor
Article 23- Tells who are involve in boards
Article 24-Boards t o Issue Rules and Collect Fees. – The Boards
shall issue appropriate rules and regulations to carry out their functions.
Chapter 2: regulation of recruitment and placement activities
Article 25
Article 26- Travel agencies are not allowed to engage in recruitment
Article 27-Citizenship Requirement.– Only Filipino citizens or
corporations, partnerships or entities at least seventy-five percent
(75%) of the authorized and voting capital stock of which is owned and
controlled by Filipino citizens shall be permitted to participate in the
recruitment and placement of workers, locally or overseas
Article 28
Article 29
Article 30-Registration Fees – The Secretary of Labor shall
promulgate a schedule of fees for the registration of all applicants for
license or authority.
Article 31
Article 32-Placement fees
-Private employment agency shall not charged the worker if not yet secured
the job
-Secretary of labor must promulgate an allowable/minimum placement fees
Article 33- Entity must give report about information in employment
status ,job vacancies, wages, etc
Article 34- Prohibited actions in recruitment and placement
(licensee/authorized or not will be convicted if these acts are
committed)
List of acts:
-False information during job posting
-Coercing an employed individual to quit his job and apply to you
-failing to file reports about employment status in ur org.
-Obstructing inspection by secretary of labor or other authorized indv.
-Charge fees more than what is allowed by the law
Article 35- Ministry of labor can suspend license and authority to
conduct recruitment if there are violation committed
Chapter 3: Miscellaneous provision
Article 36- Secretary of labor has the power to regulate (oversees)
recruitment and placement activities; to create policies; overall goal is
to attain objectives of the article 12.
Article 37-Visitorial Power.– The Secretary of Labor or his duly
authorized representatives may, at any time, inspect the premises,
books of accounts and records
Article 38- Talks about illegal recruitment;
-Committed the acts prohibited in article 34;
-Committed by a syndicate (3 or more person conspiring) and committed
in large scale (3 or more person are victims)--both are (considered economic
sabotage; can be sent to jail).
Article 39- Talk about penalties
Title II: Employment of non-resident aliens
Article 40- Employment permit requested to DOLE
TERMS TO NOTE:
MALUM IN SE- Intrinsically evil no matter what the laws says.
MALUM PROHIBITUM- considered immoral because it is illegal
THEORY OF IMPUTED KNOWLEDGE:
-The knowledge of agent is also known by the principal. Not the other way
around (Knowledge is passed on from agent to principal)”What the principal
do to the worker supplied by the agent, is outside the responsibility of the
agent?”
-
BOOK II: HUMAN RESOURCES DEVELOPMENT
PROGRAM
*Note: Human resources are the important resources utilized by c ompany;
humans who provide service, creates products for the org.; their skills are put
to use to uphold company purposes
*Note: to create programs which will develop the human resource (workers)
pf3
pf4
pf5
pf8
pf9
pfa

Partial preview of the text

Download Labor code of the Philippines (Reviewer for CHRA EXAM) and more Study notes Labor and Social Security Law in PDF only on Docsity!

LABOR CODE OF THE PHILIPPINES

BOOK 1 PRE-EMPLOYMENT

TITLE I: Recruitment and placement of workers NOTE: IT’S ABOUT RECRUITMENT AND PLACEMENT -Addressed to workers (overseas, local, non-resident) -Topic about illegal recruitment will fall here -Provision of employment opportunities; to help them acquire a job; to prevent taking advantage of applicants Key articles: Article 13- Definition of terms Article 3 4- Actions prohibited in conducting recruitment and placements Article 38- Illegal recruitment Article 39- penalties if performed illegal R. Chapter I: General Provisions

- Article 12 to article 24  Article 12 - Tells the objective of title I  Article 13 - Important definition of terms Worker Recruitment and placement Private fee-charging employment agency -Requires fees License Private recruitment entity -Does not require fees to be paid Authority Seaman Overseas employment Emigrant  Article 14- The secretary of labor powers and authority to: (a) To organize and establish new employment offices in addition to the existing employment offices under the Department of Labor as the need arises; (b) To organize and establish a nationwide job clearance and information system (c) To develop and organize a program that will facilitate occupational, industrial and geographical mobility of labor and provide assistance in the relocation of workers from one area to another  Article 15- Bureau of employment service s (monitors/develop programs to promote employment; to uphold employment opportunities)

  • The regional offices of the Ministry of Labor shall have the original and exclusive jurisdiction over all matters or cases involving employer-employee relations including money claims, arising out of or by virtue of any law or contracts involving Filipino workers for overseas employment except seamen  Article 17-Overseas Employment Development Board
  • protect overseas worker rights to fair and equitable employment practices.
  • Power and duties: *To promote the overseas employment of Filipino workers through a comprehensive market promotion and development program; *To secure the best possible terms and conditions of employment of Filipino contract workers on a government-to-government basis and to ensure compliance therewith;  Article 18 - Ban on direct hiring (Overseas)
  • To secure the best possible terms and conditions of employment of Filipino contract workers on a government-to-government basis and to ensure compliance therewith;  Article 20 - National seamen board ; power and duties
  • The Board shall have original and exclusive jurisdiction over all matters or cases including money claims, involving employer-employee relations, arising out of or by virtue of any law or contracts involving Filipino seamen for overseas employment.  Article 21Article 22-Mandatory Remittance of Foreign Exchange Earnings.
  • It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the country in accordance with rules and regulations prescribed by the Secretary of Labor  Article 23- Tells who are involve in boards  Article 24-Boards to Issue Rules and Collect Fees. – The Boards shall issue appropriate rules and regulations to carry out their functions. Chapter 2: regulation of recruitment and placement activitiesArticle 25Article 26- Travel agencies are not allowed to engage in recruitment  Article 27 - Citizenship Requirement.– Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers, locally or overseas  Article 28Article 29Article 30 - Registration Fees – The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority.  Article 31Article 32- Placement fees -Private employment agency shall not charged the worker if not yet secured the job -Secretary of labor must promulgate an allowable/minimum placement fees  Article 33- Entity must give report about information in employment status ,job vacancies, wages, etc  Article 34 - Prohibited actions in recruitment and placement (licensee/authorized or not will be convicted if these acts are committed) List of acts: -False information during job posting -Coercing an employed individual to quit his job and apply to you -failing to file reports about employment status in ur org. -Obstructing inspection by secretary of labor or other authorized indv. -Charge fees more than what is allowed by the law  Article 35- Ministry of labor can suspend license and authority to conduct recruitment if there are violation committed Chapter 3: Miscellaneous provisionArticle 36- Secretary of labor has the power to regulate (oversees) recruitment and placement activities; to create policies; overall goal is to attain objectives of the article 12.  Article 37-Visitorial Power.– The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and records  Article 38- Talks about illegal recruitment ; -Committed the acts prohibited in article 34; -Committed by a syndicate (3 or more person conspiring) and committed in large scale (3 or more person are victims)--both are (considered economic sabotage; can be sent to jail).  Article 39 - Talk about penalties Title II: Employment of non-resident aliensArticle 40- Employment permit requested to DOLE TERMS TO NOTE: MALUM IN SE- Intrinsically evil no matter what the laws says. MALUM PROHIBITUM- considered immoral because it is illegal THEORY OF IMPUTED KNOWLEDGE: -The knowledge of agent is also known by the principal. Not the other way around (Knowledge is passed on from agent to principal)”What the principal do to the worker supplied by the agent, is outside the responsibility of the agent?”
    BOOK II: HUMAN RESOURCES DEVELOPMENT PROGRAM *Note: Human resources are the important resources utilized by company; humans who provide service, creates products for the org.; their skills are put to use to uphold company purposes *Note: to create programs which will develop the human resource (workers)

Title I– National manpower development program *_Note: Providing programs to develop and train workers therefore it will lead to more employment opportunities=increases economic/social growth Creation of training centers There’s a council that oversees whether the objectives of this title I are attained; they are the one who manages the programs_ Chapter I – National policies and administrative machinery for their implementation  Article 43- give the objectives  Article 44 -Definition of terms Manpower- Refers to the amount of people who can and has potential to contribute in providing products and services. Entrepreneurship-On the path of being a business woman or man  Article 45 -National Manpower and Youth Council (Who are the people involved in this council)  Article 46- Council formulate long term plans  Article 47- Training centers  Article 48- Skills standards  Article 49- Administration the training programs  Article 50 -Industry boards to help the council in planning , etc ------ Article 56 Title II – TRAINING AND EMPLOYMENT OF SPECIAL WORKERS Chapter I – Apprentices

  • Training must not be longer than 6 months but not shorter than 3 months -Practical training (actual workplace experience)  Article 58 -Definition *(b) An " apprentice " is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter. *(c) An " apprenticeable occupation " means any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. *(d) " Apprenticeship agreemen t" is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training.  ART. 59. Qualifications of Apprentice. – To qualify as an apprentice, a person shall: (a) Be at least fourteen (14) years of age (b) Possess vocational aptitude and capacity for appropriate tests; and (c) Possess the ability to comprehend and follow oral and written instructions. Trade and industry associations may recommend to the Secretary of Labor appropriate educational requirements for different occupations.  ART. 60. Employment of Apprentices.
    • Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Minister of Labor and Employment.  Article 61-Contents of apprenticeship agreement *Training must not exceed 6 months but not less than 3 months *75% of Minimum wage  ART. 62. Signing of Apprenticeship Agreement. – Every apprenticeship agreement shall be signed by the employer or his agent, or by an authorized representative of any of the recognized organizations, associations or groups and by the apprentice Chapter II- Learners
    • Training is not longer than 3 months -For semi-skill related jobs -75% min wage -Required to hire the trainee right after the training  ART. 73. Learners Defined. – Learners are persons hired as trainees in semi-skilled and other industrial occupations which are non- apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.ART. 74. When Learners May Be Hired. – Learners may be employed when no experienced workers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards Chapter III- Handicapped workers RA 7277- Magna carta for disabled person  ART. 78. Definition.
      • Handicapped workers are those whose earning capacity is impaired by age or physical or mental deficiency or injury.  ART. 79. When Employable.
        • Handicapped workers may be employed when their employment is necessary to prevent curtailment of employment opportunities and when it does not create unfair competition in labor costs or impair or lower working standards.

 Article 121- functions of the aforementioned commission  Article 122- Creation of Regional Tripartite Wages and Productivity Boards (they manage the min wage per region)  Article 123- Wage order- (boards issued increase in minimum wage); change minimum wage;

  • Wage distortion may occur; only min wage earners had an increase ; those earning higher than min wage (no change to their wage)  Article 124 - fixing wage changes;fixing wage distortion Chapter 6-Administration and enforcement _Note: to ensure the laws in title II are attained, followed by organization and the concerning individual, boards_*
  • Article 128- Visitorial and Enforcement Power Title III- working conditions for special groups of employees Chapter 1-Employment of woman Note: protection to women’s rights; tells benefits female employees are entitled to; protection against discriminationArticle 131- Maternity leave benefits
  • (a) Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months,
  • maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. *The employer may require medical certificate indicating when is the delivery -(b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage , which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. -(c) The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code  Article 133- No discrimination against women!
  • (a) Payment of a lesser compensation , including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value; and (b) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes  Article 134 - Prohibits the employer in dismissing or terminating a female employee because of marriage  Article 135- prohibited acts against female employee RA 9262- VAWC (Violence against women and children)
  • This special leave is granted to a woman employee who is a victim under this law. It is for a total of ten (10) days of paid leave of absence. (So they can attend legal and medical concerns)- This is a paid leave (Not convertible to cash if not used) -At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of Violence Against Women and their Children (VAWC) who is employed shall be entitled to said paid leave of up to ten (10) days. RA 7877-ANTI SEXUAL HARASSMENT -Work, education, training-related sexual harassment is committed by any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands RA 9710-MAGNA CARTA OF WOMEN -Comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women Chapter 2-Employment of minor _Note: protection for children; prevention of child labor_*  Article 137 - not below 15 RA 7610, sec12 -Employment of children -Children below 15 are allowed to work for certain conditions; working in public entertainment; has supervision of guardian  Article 138 -No discrimination Chapter 3-Employment of househelpers/domestic workers _Note: serves to protect the domestic workers and tells the benefits they are_* entitled to - Normal daily hours of work****. – Because R.A. No. 10361 does not contain any provision on the number of normal hours of work that a Kasambahay should render in a day but merely prescribes said daily rest period of eight (8) hours per day, it may be concluded that the Kasambahay should work for at least a total of sixteen (16) hours per day as normal hours of work. However, it must be noted that the Labor Code does not contain any provision on the normal hours of work of househelpers. Article 1695 of the Civil Code, however, specifically provides that househelpers shall not be required to work for more than ten (10) hours a day.
    • Child below 15 cant work as kasambahay
    • Normal daily hours of work for working child-kasambahay is eight (8) hours per day.
    • Entitled to 13th month pay. - The Kasambahay who has rendered at least one (1) month of service is entitled to a 13th month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year. The 13th month pay shall be paid not later than December 24 of every year or upon separation from employment  Article 145 - humane treatment Chapter 4-Employment of Homeworkers
    • Homeworkers-manufacture products at home; exceptions: toxic substances like fireworks, drugs, poisons Chapter 5-Employment of nightworkers _Note: rights and protection/benefits for nightworkers (working from_* 10:00pm to 6:00am) -There are health risk in working graveyard shift -People have certain rights to refuse to work at such shift

BOOK IV-HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

Note: Ensure employees safety and good health in a workplace and during performance of work; this also cover the right of employees for medical services in workplace or assisted by employer (they pay for it); compensations for work-related sickness,disability, and possible death; -Also give benefits when contracted disease, disability as long as employed or covered by the GSIS or SSS (has payment for contribution) *Article 162- Title I: Medical, dental and occupational Safety Note: Employers must be concerned of their employees health and safety (in workplace); provide access to medical services Chapter I:Medical and dental servicesArticle 162 - access to first aid kits (presence of band-aids, betadine, gauze,paracetamol) -Trained individuals in performing first aid (Ex. Capable of CPR)  Article 163- Free dental and medical services within the organization. Creation of clinic room with hospital bed. Hiring of: -Nurse -Physician -Dentist  Article 164 - If there’s a very near hospital to the company; agreement to the hospital must be made to allow the employees receive medical service from it (No need to provide the requirements from the article

Article 167 -Employers must provide assistance to employees who are sick, injured and etc that needs immediate medical attention. Chapter II: Occupational health and safetyArticle 168- Protection against occupational hazards (accidents, diseases, harm,) -There must be health and safety standards (to prevent hazards causing damage to health)(To keep things safe; ex. Machines must be regularly checked to ensure no accidents happen)  Article 169 -Research or studies about work-related safety and health; research about why so many accidents happen; what’s the relation of acquired disease and working conditions  Article 171 -Administering and enforcing occupational safety and health laws Responsible people to do this: DOLE Title II:Employees compensation and state insurance fund Note: This title is all about giving compensation to the employees who experience work-related disease, disability, and death; It’s also about the state insurance fund (GSIS, SSS)-They hold the money and they give compensation/benefits the employees are entitled to (employees must be covered by the GSIS and SSS to receive benefits). Chapter 1: Policy and definition Note: Gives the goal of this title II; to give compensation for employees who got injured or disabled, contract diseases, died on the job or workplace; they must receive benefitsArticle 172 - Compensation program for employees and their dependents at the events of work-related injury, disability, death  Article 173 - Definition of terms Dependents- means the legitimate, legitimated, legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one years of age or over twenty-one years of age provided he is incapable of self-support due to a physical or mental defect which is congenital or acquired during minority; the legitimate spouse living with the employee; and the parents of said employee wholly dependent upon him for regular support. ( people who are supported by the employee; pinapakain nya and such ) Beneficiaries - (those who gain benefits through the employee because of their relationship with him or her)- primary beneficiaries (spouse, children); secondary beneficiaries (parents dependent to the employee; illegitimate child, or any chosen individual (cousin, etc)) Compensation- covers all the benefits said below Income benefits - monetary benefits (money payment) to the employee or its dependents Medical benefits- Give medical services like treatment, hospitalization, rehabilitation Related benefits- Refers to the appliances and supplies given as benefits Appliances - crutches, hearing aids (particular device to aid the employee to cope/adjust with their disability) Supplies - medicines, dental/surgical items System- Refers to GSIS, SSS which are the two establishment that handle state insurance fund Note:

  • State insurance fund -They handle/manage the funding used for compensation; Main use of funding is solely for the purpose of paying compensation benefits to employees (the fund should be used for such reasons only) -collect funds (from employers contribution) *** TWO STATE INSURANCE FUND**

SSS - Covers private sector RA 1161-An act to create a social security system providing sickness, unemployment, retirement, disability and death (usually funeral) benefits for employees. -also includes maternity GSIS- Covers public sector (government employees) RA 8291 Provide benefits: -Retirement -Funeral/death -Disability -Life insurance -Unemployment (involuntary separation) -Separation benefits -Survivorship Chapter II:Coverage and liability Note: Tells who are entitled to the benefits in this title II (employees and their dependents); also tells who gives the compensationArticle 174 - who are compulsory covered: – Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over sixty (60) years of age ; Provided, That an employee who is over (60) years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be subject to compulsory coverage.Article 175 -It must cover people in the overseas (OFWs, Seafarers)  Article 176 -Effective date of coverage (the first day of employment, the person is entitled to the benefits or must be the start of being covered by the system)  Article 177 - Registration (the employer, employees must register to the system (SSS or GSIS)  Article 178 -State insurance fund gives the compensation -unless the reason for illness, death, injury or disability are because of intoxication, suicide, or negligence (own employees fault or carelessness)  Article 181 - No contracts or anything that must be created to prevent giving/access of medical or related services benefits to the employee and their dependents Chapter III: Administration Note: Tells about the people who manage and regulate the compensations/fundings; tells about their dutiesArticle 182 - Employees compensation commission (group of people that handles employees compensation program)  Article 183 - Duties and power of the commission; manage contribution rate of employers; rules and regulations for claiming compensation; policies and programs to promote occupational health and safety, as well as prevention of accidents  Article 184 - Management of Funds (role of GSIS and SSS)

BOOK V: LABOR RELATIONS

Note: It’s concern about the interaction, relationship, negotiation between employees, employers, and labor unions; it’s concern about the right to self- organization (to form, join union); collective bargaining; settling disputes; strike, lockouts, picketing;unfair labor practice **Note: There are those who can and cannot join, create, and assist unions (Ex. Managers) Note: Union are for the purpose of collective bargaining TITLE I – POLICY AND DEFINITIONS Chapter I – POLICYArticle 218 - declaration of policy a. Collective bargaining, negotiations; voluntary arbitration, mediation or conciliation as a means to settle labor dispute b. Free trade unionism c. To foster the free and voluntary organization of a strong and united labor movement d. To inform the workers of their rights and obligation as union members and as employees e. provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes. (Provide authority to assist in settling dispute?) f. To keep a fair industrial peace g. To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. Chapter II – DEFINITIONSArticle 219- Definition Bargaining representative Labor dispute Unfair labor practice Voluntary arbitrator Internal union dispute Strike-breaker Strike area *Bargaining unit -Group of employees with same interests, under the same employer or company; they want to bargain TITLE II – NATIONAL LABOR RELATIONS COMMISSION Chapter I – CREATION AND COMPOSITIONArticle 220- National labor relations commission -Duties: Program and policy coordination; maintain industrial peace; handles compulsory arbitration -Chairman -23 commission members  Article 221 - Headquarters, Branches and Provincial Extension Units  Article 222 -Qualifications For chairman and commission members -Practicing law for 15 years -Member of philippine bar -5 years of handling labor-management relations cases For labor arbiters -Practicing law for 10 years -Member of philippine bar -5 years of handling labor-management relations cases  Article 223 - Salaries, benefits of the said members of NLRC and labor arbiters Chapter II – POWERS AND DUTIES Note: Role is to handle or settle labor related cases/issues; disputes between employee-employer relationshipArticle 224- Jurisdiction(power or authority in making decisions) of the Labor Arbiters and the Commission

  • Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes Labor arbiters: they hear and decide Cases handled: -Unfair labor practice -Termination dispute (unfair dismissal) -Claims to wages; complaints in working hours and other terms of conditions in employment -Issue with strike and lockouts -Collective bargaining agreement cases  Article 225 - power of commission (a) Promote rules and regulations during hearing procedures (b) Issue subpoenas (c) Conduct investigation (d) Hold someone in contempt and impose penalties  Article 226 - chairman, commissioner, labor arbiter, or any authorized individual may conduct inspection for investigation of cases  Article 227 -
  • duty of the Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the proceedings at all stages. Chapter III – APPEAL Note: A request done to challenge the already made decision of the court; want a change to the decision;reconsiderationArticle 229 -Decision of arbiter is final unless someone appealed; The appeal will only be entertained if due to certain reason such as: (a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; (b) If the decision, order or award was secured through fraud or coercion, including graft and corruption; (c) If made purely on questions of law; and (d) If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant. Prima facie - at first sight it is enough evidence to warrant a trial or appeal  Article 230 -Execution of Decisions, Orders, or Awards. -Can ask help from/order sheriff to enforce decisions (ensure they are complying)  Article 231 -Contempt Powers of the Secretary -Can hold anyone in contempt and apply penalties TITLE III – BUREAU OF LABOR RELATIONS  Article 232 - Bureau of labor relations Handle cases such as: -Intra-union and interunion conflicts -Dispute, grievances that arised from labor-management relations *Doesnt handle Collective bargaining agreement (this is handled by voluntary arbitration; handled through grievance procedure) “Problem regarding to union is handled by BLR” "Intra-Union Dispute" refers to any conflict between and among union members, including grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union’s constitution and by-laws, or disputes arising from chartering or affiliation of union  Article 234 -Mandatory Conciliation and Endorsement of Cases -all issues arising from labor and employment shall be subject to mandatory conciliation-mediation
  • The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.  Article 235 - BLR can issue subpoena -To summon someone for testimony -Require to provide certain paper works/documents for evidence  Article 237 - BLR Keep records of CBA -Dispute

-Decisions made -Orders Keep records of legitimized labor organization  Article 238 -Prohibition on Certification Election

  • The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this Code. TITLE IV – LABOR ORGANIZATIONS _Note: All about labor unions; from registration and their rights_* Chapter I – REGISTRATION AND CANCELLATIONArticle 240 - Requirements of registration -To legitimize -To have legal personality (they’ll be entitled to certain rights, like right to strike and collective bargaining?) Requirements: -50 pesos -Name of officers and members who participate -If the applicant union has been in existence for one or more years, copies of its annual financial reports; -and Four copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it Who can register?

Independent National/federation union (public sector?) Trade union

Article 241 - Creation of local chapter -Created through or by national union  Article 242 -BLR handles registration  Article 243 - Deny application or registration  Article 244 -Additional requirements for national union registration -Submit information about the created local chapters  Article 245 -BLR can cancel or suspend certificate of registration of labor union due to what happened in hearing or court cases  Article 246 -  Article 247 -Valid reason to cancel or suspend union registration

  • Misrepresentation, false statement or fraud  Article 248 -Voluntary cancellation of registration Chapter II – RIGHTS AND CONDITIONS OF MEMBERSHIPArticle 250- Rights and conditions of membership -If there’s violation to the rights and conditions

Report to BLR Penalty is given Chapter III – RIGHTS OF LEGITIMATE LABOR ORGANIZATIONSArticle 251- Rights of legit labor org. -To be a representative in CBA -To be a recognize by employers in Collective bargainingArticle 252-Reportorial Requirements Documents required to be passed by legit org. (To BLR) for reporting purposes TITLE V – COVERAGE  Article 253 -Cover employees

  • Right to self-organization (To form, join,assist unions) for the purpose of bargaining  Article 254 -Government employees can form unions for bargaining purposes as long as allowed by the law  Article 255 -Managerial employees cannot join or form union -Supervisor can join or create union only among themselves  Article 257 -Anyone cant interfere, coerce, discriminate, restrict, or deprive the employees their right to join or create union
  • Yellow dog contract- To agree in a contract with an employer wherein it indicates u wont join any labor union. TITLE VI – UNFAIR LABOR PRACTICES _Note: Unfair Labor Practice happens when an employer or labor org._ Violates the right of an employee to self-organize -Another considered ULP is when an employee is discriminated against because he is testifying against his employer Chapter I – CONCEPTArticle 258 - Concept of Unfair Labor Practice and Procedure for Prosecution ULP-Violate the constitutional right of workers and employees to self- organization Chapter II – UNFAIR LABOR PRACTICES OF EMPLOYERSArticle 259- ”ULP Practices of employers”
    • To interfere with, restrain or coerce employees in exercising their rights to self-organize -To require an employee to not join a union or must withdraw to a union to be hired
    • To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters -To discriminate against employees who are a member of organization -To dismiss or discriminate an employee because he will testify against the employer in court -Violate duty to collectively bargain -Violate collective bargaining agreement
    • To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute Chapter III – UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONSArticle 260 (ULP of Labor org.)
    • To restrain or coerce employees in the exercise of their right to self- organization
    • To cause or attempt to cause an employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members
    • To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees
    • To violate a collective bargaining agreement TITLE VII – COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS  Article 261 -Procedures in collective bargaining
    • When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice;
    • If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas
    • During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
    • The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator.Article 262 - Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements. -No existing CBA  Article 263 - Meaning of Duty to Bargain Collectively.
    • performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such

activities of legitimate labor organizations upon the filing of a complaint under oath and duly supported by the written consent of at least twenty percent (20%) of the total membership of the labor organization concerned and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by-laws: Provided, That such inquiry or examination shall not be conducted during the sixty (60) days freedom period nor within the thirty (30) days immediately preceding the date of election of union officials.  Article 290 Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils.

  • (a) Tripartism in labor relations is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in decision and policymaking bodies of the government.  Article 291
  • Government Employees. – The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code.  Article 292 -Assorted miscellaneous provision (a) All unions are authorized to collect reasonable membership fees, union dues, assessments and fines and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings. (b) Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a just and authorized cause and without prejudice to the requirement of notice under  Article 283 of this Code,250 the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative if he so desires in accordance with company rules and regulations promulgated pursuant to guidelines set by the Department of Labor and Employment. Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the regional branch of the National Labor Relations Commission. -c. Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union. -(d) No docket fee shall be assessed in labor standards disputes. In all other disputes, docket fees may be assessed against the filing party, provided that in bargaining deadlock, such fees shall be shared equally by the negotiating parties BOOK 6-POST EMPLOYMENT _Four fold test- Test the existence of employee-employer relationship_*
  1. Selection and engagement of the employee;
  2. Payment of wages or salaries;
  3. Exercise of the power of dismissal; or
  4. Exercise of the power to control employees conduct *The 4th test above, the control test, is the controlling test which means that the employer controls or has reserved the right to control the result, means and methods of the work. (Most important) _Two-tiered test_* -Control test and Economic reality test -Economic reality test: If the employee is economically dependent to the employer SPECIAL NOTE : I SUGGESTS YOU READ THE ( REVIEWER LABOR CODE CASES RATHER THAN THE ACTUAL LABOR CODE PDF)