Labor Relations Law - Midterm Reviewer Ratings: (4)|Reads: 10,068|Likes: 145 Published by katreena ysabelle From the lectures

of Labor Arbiter Aldas.

MIDTERM REVIEWERLABORRELATIONSS.Y. 2008-2009PLM - LAWRIGHTS OF EMPLOYEES UNDER THE LABORRELATIONS 1.Right to self-organizationa)form a unionb)assist in the formation of a unionc)join a union of one's choice2.Right to engage in peaceful concertedactionsa)STRIKE - temporary stoppage of work by the employees due to alabor dispute b) BOYCOTT - non-patronage of aspecific service of employer orproducc)LOCK OUT- temporary refusal of theemployer to provide work3.Right to collective bargaining agreement4.Right to participate in policy and decision-making EMPLOYER'S RIGHT (MANAGEMENTPREROGATIVES) 1.Right to select and hire employees2.Right to conduct business3.Right to close the business4.Right to prescribe rules and regulations5.Right to transfer and dismiss employees EMPLOYEE - is the one who works for another fora fee or compensation. It includes one who hasbeen dismissed from service due to a labordispute and has not yet found any substantialemployment. EMPLOYER - is one who hires the services of another and pays him for his service. it includesone who acts for and in behalf of an employer.* Labor organizations or unions generally are NOTemployers unless they act as an employer or actsfor and in behalf of an employer. EMPLOYER-EMPLOYEE RELATIONSHIP 1. Selection and engagement of employees2. Payment of wages3. Power to dismiss4. Control over the means and methods used bythe employee in accomplishing the work DETERMINATIVE FACTORS OF ANINDEPENDENT JOB CONTRACTOR 1.Must have substantial capital of at least PhP2M or invested on tools, machineries, andequipments;2.Undertakes the contract on his own accountby his own means and responsibility withoutinterference of the principal, except as to theresult;3.His employees must perform activities notnecessary or desirable to the usual businessof the principal;4.He has his own place of work or officialbusiness address.* Independent Job Contractor is SOLIDARILY liablewith the principal for unpaid wages and benefits.* Labor-only contractor - one who does not havethose determinative factors of an independent job contractor.- agent only of

the principal; principal isthe direct employer of the employees and isliable for unpaid wages and benefits.FARMERS - those whose primary livelihood isthe cultivation of soil, harvesting crops, plantingof trees, and other agriculture activities andraising of livestocks.FARM WORKERS - are farmers who work on theland for a fee. they are laborers in of the farm,hired to do agricultural work for a fee. ORGANIZED ESTABLISHMENT (Asiabed Factory Case) 1. It has a UNION that is CERTIFIED as the soleand exclusive bargaining agent of theemployees. (certified by the employer)2.There is a Collective Bargaining Agreement* A teacher is a regular employee at least 21 units of load 3 school years of teaching

6 semesters

9 trimesters* If there is vagueness as to the 4 factors of employer-employee relationship, look into thefactors of Independent Job Contractor. FLOATING STATUS is a situation where anemployee of a contractor has been relieved fromhis post or affected by a termination or expiration Hanna Magkasi 20082

MIDTERM REVIEWERLABORRELATIONSS.Y. 2008-2009PLM - LAW of a service contract is made to wait for a periodof not exceeding 6 months for their employer, thecontractor, to find a vacancy for theirreassignment, otherwise, the said employees willbe considered CONSTRUCTIVELY DISMISSED fromthe service. (Then, they can file illegal dismissalcase.)** There is no exact time wherein the contractorcan be very sure of employment of workers uponthe expiration of one's contract because vacancyis not always available. SEASONAL EMPLOYEES are regular employeesinsofar as the season for which they are hired isconcerned. During the OFF SEASON, theemployees are considered to be merely on leaveof absence without pay. The employment is notterminated

but merely suspended and when thepeak season comes, the employees are the firstto be called for work or service.(Visayan Stevedoring vs. CIR)** They are like project employees. Upon thecompletion of the project to which the employeeis hired, he is dismissed from service. Hisemployment is co-terminus with the season forwhich he was hired.- Contrary tp Visayan Stevedoring case(Mercadovs. NLRC)** Back to the definition under the VisayanStevedoring Case, Phil. Tobacco vs. NLRC EMPLOYEES -vs- INDEPENDENT JOBCONTRACTORSEMPLOYEESI.J.C. In-house counselCounsel at a retainerfeeSalaried sales agent -being mad eto report tooffice regularly, giventhe space in the officeCommissioned salesagent - may sell in anymanner they like whenthe company does notinterfere LAWS ON THE EFFECTIVITY OF LAWS, RULESAND REGULATIONS 1.CIVIL CODE, ART. 2: "unless otherwiseprovided"2.LABOR CODE, ART.5: 15 days after adoption3.REVISED ADMINISTRATIVE CODE, SEC. 3 & 4:serve 3 verified copies of the rules andregulations at the National AdministrativeRegistry at the UP Law Center EXCEPTION TO COVERAGE1.GOVERNMENT EMPLOYEES Based on the Constitution, the lawgoverning them is the Civil ServiceLaw, and they are under the jurisdiction of the Civil ServiceCommission. They are employees working in thedifferent branches, departments,political subdivisions, agencies, andinstrumentalities of the Government Including thise in the GOCCs withoriginal charter They are not allowed to go on strikebecause it will disrupt public service;they have the right to self-organization The following are not allowed to formunions because they are armed:AFP (navy, army, marine, airforce)PNPFiremen Jail Guards Subsidiaries and affiliated incorporatedunder the General Corporation lawdoes not carry the original charter of the mother corporation. 2. INTERNATIONAL RELATIONS a)Employees of INTERNATIONALORGANIZATIONS / BODIES

b) Employees of the DIPLOMATIC CORPSc)Employees of agencies of United NationsOrganizationd)Intergovernmental Organizations Based on International Law, they areimmune from suit. For grievances:i.see charter or treaty first if there is aprovision for the settlement of disputes;ii.otherwise, seek assistance with the DFAthrough diplomatic channels. 3.CORPORATE OFFICERS The provisions of the by-laws containthe enumeration of corporate officers. PD 902-A: cases of illegal dismissalfiled by a corporate officer as a resultof non-reelection or non-reappointment to the former positionare INTRACORPORATE DISPUTES thatfall under the jurisdiction of the S.E.C. Hanna Magkasi 20083

MIDTERM REVIEWERLABORRELATIONSS.Y. 2008-2009PLM - LAW It is the DUTIES which makes a persona corporate officer. The person shouldperform the duties of the corporateofficer which makes his such, andwithin the jurisdiction of the S.E.C. R.A. 799 , NEW SECURITIESREGULATION CODE effective July 19,2000: o The S.E.C. ha no jurisdictionover the intracorporatedisputes; it is NOW vested ontothe regular courts (RTC) o PD 902-A ceases o

Under the Nacpil Case, if theperson is also appointed by theboard of directors, even if theposition is not enumerated inthe by-laws, he is deemed acorporate officer. 4.EMPLOYEES OF WATER DISTRICTS They are employees of a quasi-publiccorporation, covered by the CivilService Commission. KINDS OF ARBITRATION1.VOLUNTARY ARBITRATION both parties agree to submit their disputeto an impartial 3rd person, whoseresolution they both believe to be finaland executory. usually for the organized 2. COMPULSORY ARBITRATION where the government takes part in thearbitration/resolution of the dispute. usually for the unorganized. LEGAL HISTORY OF THE LABOR RELATIONSLAW1.CA-103, October 29, 1936 Created the CIR 2.RA 875, June 17, 1953 Industrial Peace Act (Magna Carta of Labor)

Copied from the U.S. Labor Code:Anti-Injunction Act (Norris La Guardia Actof 1952)NLR Act (Wagner Act of 1935; Taft andHartley Act) 3. PD 21, October 14, 1972 Ad Hoc NLRC - temporary NLRC 4.PD 442, November 1, 1974 Labor Code

Made the NLRC permanent

NLRC is a tripartite administrative bodywith quasi-judicial functions attachedto the Department of Labor andEmployment only for policy andprogram coordination.

The DOLE cannot dictate how thearbiters and the NLRC will decide thecase. 5. RA 6715, March 21, 1989 Herrera-Veloso law; The New LaborRelations Code (amended the Labor Code) 6.RA 9347, July 27. 2006 Strengthening the NLRC 7.RA 9481 Act on Self-Organization RA 9374A.COMPOSITION OF THE NLRC 1 Chairman (from the public sector, the PresidingCommissioner of the 1st division)23 Commissioners7 from public sector (each becomes thePresiding Commissioner of the 2nd - 8thdivisions)- nominated by the Sec. of Labor8 from labor sector- nominated by federations/unions8 from employer sector- nominated by employerconfederationsLabor Arbiters - nominated by Sec. of Labor** all are appointed by the president B.QUALIFICATIONS CHAIRMAN/COMMISSIONERS members of the bar practiced law for at least 15 years experience/exposure to labormanagement relations for at least 5years LABOR ARBITERS

members of the bar practiced law for at least 10 years Hanna Magkasi 20084