LABOR STANDARDS EXEMPT FROM BOOK III (Conditions of Employment !

overnment employees Managerial employees: if primary duty is management, customarily and regularly direct work of two or more Ees, and with authority to hire and fire or suggestions given particular weight Officers or members of managerial staff Domestic Servants Non-agricultural field personnel if regularly perform duties away from office "Those paid by results, piece-work, pakyaw or task basis are entitled to certain benefits ( abor !ongress v" # $!, %&' S!$( )'&* BENEFITS TO #$IC$ PIECE%RATE #ORKERS ARE ENTITLED & Applicable Statutory +inimum ,aily $ateService .ncentive eave Night ,ifferential /ay $oliday /ay Meal and $est /eriods Overtime /ayPremium /ayThirteenth +onth /ay Other 0enefits -1ollows output rate prescribed by ,2 E or standard used conforms with ,2 E output rate" PREMI'M RATE fo( O)ERTIME& #ormal 4oliday7$est ,ay Special ,ay

%)3 2# T2/ 21 425$ 6 $(TE 8'3 8'3

Eme(*en+y O,e(time #o(Country at war7#ational or ocal Emergency Necessary to /revent loss of life7property or .mminent danger to public safety 'rgent work to be performed on +achines to avoid serious loss or damage to employer Necessary to prevent loss or damage to perishable goods Completion of work started before the 9th hour Necessary to avail of favorable weather or environmental O,e(time Compens.tion :eneral $ule : cannot be waived E;ception : waiver of 2T pay is in consideration of benefits and privileges which may be more than the 2T pay <oluntarily agrees to work & hours #o diminution in pay <alue of benefits greater or at least e=ual to >hr" 2T pay during weekdays 2T pay due and demandable even if permitted to work Saturdays ?ork doesn@t involve strenuous physical e;ertion Temporary duration

NI!$T DIFFERENTIAL Does not .pply to&

(>'pm-Aam* >'3 !overnment Employees Retail 0usinesses with less than ) workers Domestic 4elpers Managerial Employees Field /ersonnel or those unsupervised, task or contract basis, purely commission B fi;ed amount

MEAL TIME :eneral $ule: E;ception: PREMI'M PA/

+inimum of A' minutes +inimum of %' minutes with full pay

(,ays ?orked* $est ,ay 8'3 Special ,ay 8'3 #ov"> B ,ec" 8> if also a $est ,ay )'3for special day: #2 ?2$C, #2 /(6

A0t1o(i2ed #o(- on . Rest D.y& 'rgent work to be performed on machinery Actual impending emergency Abnormal pressure or work Prevent loss7damage to perishable goods Nature of work re=uires continuous operations Analogous situations $OLIDA/ PA/ 5nworked >''3 ?orked %''3 - .1 ( S2 $EST ,(6 %A'3 - should not have been absent without pay on the working day preceding the holiday #ew 6ear@s ,ay 8' (pril & ,ec" %) +aundy Thursday +ay > ,ec" 8' :ood 1riday Dune >% ast Sun of (ugust #ov"

EXEMPT FROM $OLIDA/ PA/& !overnment ees Retail and Service Establishments regularly employing less than >' Domestic helpers Managerial ees Field /ersonnel 4ourly /aid 1aculty +embers not also entitled SER)ICE INCENTI)E LEA)E has worked for at least a year ) days with pay Does not .pply& !overnment Already enEoying benefit Domestic 4elpers and those in the personal service of another Already with vacation leave with pay of at least ) days Managerial Employees Field Employees including those in !ontract basis Employed in establishments regularly employing less than >' employees

#A!E DISTORTIONS - an increase in prescribed wage rates resulting in the elimination or severe contraction of intentional =uantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiations P(o+ed0(e fo( +o((e+tin*& >" ?ith 5nion go through grievance procedure voluntary arbitrators (decide within >' days from referral* %" ?ithout 5nion Each brings his own grievance #!+0 (>' calendar days FG conciliation if unresolved* # $! (decide within %' days from submission* 34T$ MONT$ PA/ Entitled & E5empted Employe(s & All $ank and 1ile employeesworked at !overnment least > month Employers of 4ousehold 4elpers Those with +ultiple Employers Those already paying Paid by $esult Employers of paid purely on commission, Private School Teachers fi;ed, boundary or task basis Resigned or Separated Employees (proportional* +inimum (mount : year not less than >7>% of total basic salary earned within a calendar

-0(S.! S( ($6 for purposes of >8th mo" pay shall include all remunerations or earnings paid by his employer for services rendered - 05T ,2ES #2T .#! 5,E: allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary such as vacation and sick leave credits, overtime, premium night differential, holiday pay and !2 ( 'NLESS by individual or collective agreement or company practice or policy, they are treated as basic salary" )ACATION6SICK LEA)E % not re=uired by law SER)ICE C$AR!E 9)3 >)3 !overed Employees +anagement

BON'S :eneral $ule :!an@t be demanded E;ceptions: >" :iven for a long period of time %" !onsistent B deliberate 8" Employer knew he was not re=uired to give benefit H" Employer continued giving benefit )" Employer realiIes profits

MEDICAL TREATMENT OF EMPLO/EES :eneral $ule :1irst-(id medicine and e=uipment made available Training of sufficient #umber of Employees to apply 1irst-(id Treatment )>-%'' Employees Full-time registered nurse EJ!E/T when the employer doesn@t maintain haIardous work places ( icensed 1irst-(ider sufficient* Part-Time Physician,

%'>-8'' Employees Full-time Registered Nurse, Dentist 7 Emergency Clinic 8'> or more

Full-Time Registered Nurse, Full-Time Physician, Dentist, Dental Clinic, Infirmary Emergency !os"ital with a bed capacity of > bed per >'' employees EJ!E/T when there is a hospital or clinic accessible from the Employer@s establishment (#, he makes arrangements for the $eservation of necessary bed and dental facilities

4aIardous ?ork /lace

Full-Time Physician - at least % hours Part-Time Physician - at least 9 hours

)ISITORIAL AND ENFORCEMENT PO#ER8by Secretary of abor or duly authoriIed representative Access to employer@s records and premises Right to copy records Right to =uestion any employee Investigate any fact, condition or matter which may be necessary to Order and administer, after due notice and hearing, compliance with the abor Standards provisions Issue writs of e;ecution to the appropriate authority for enforcement of their orders Order stoppage of work or suspension of operations when non-compliance with law and implementing regulations poses grave and imminent danger to the health and safety of workers in the workplace - 4earing within %H hours - Employer liable for salaries during suspension of operations if found to have caused the violation -#2 T$2 or Temporary7/ermanent inEunction may be issued by an infe(io( court over any case involving the enforcement orders issued RECO)ER/ OF #.*es9 Simple Money Cl.ims 7 Ot1e( Benefits % DOLE Re*ion.l Di(e+to( Summary /roceeding !laimant : employee or person in domestic or household service Provided : >" #o claim for reinstatement %" (ggregate claims of each employee or househelper does not e;ceed /),''' (even if it e;ceeds this, $egional ,irector may still enforce based on inspection@s findings in the nature of enforcement action* 8" !laims arise from employer-employee relationship #otice and 4earing $esolution of !omplaint within 8' days from filing ((ppeal within ) calendar days to # $!* # $! to resolve appeal within >' calendar days from submission of last pleading

E;ception :

!laims for Employee@s !ompensation !laims for Social Security benefits !laims for +edicare 0enefits !laims for +aternity 0enefits

-$egional ,irector cannot enforce results of <isitorial /ower when : >" Employer contests the findings %" .ssues raised re=uires e;amination of evidentiary matters 8" Such matters are not verifiable in the normal course of inspection EMPLO/MENT OF #OMEN >" #ightwork /rohibition a" .ndustrial 5ndertaking b" !ommercial or #on-industrial, or branch thereof, other than agricultural c" (gricultural 5ndertaking

>'pm'Aam >%am-Aam #ighttime, unless given a period of rest not less than 9 consecutive hours

EXCEPTIONS& Actual or impending emergencies to prevent loss of life7property or force maEeure or imminent danger to public safety 'rgent work to be performed to avoid serious loss to employer Necessary to prevent serious loss of perishable goods $olds a responsible position of managerial or technical nature or engaged to provide health or welfare service Nature of work re=uires the manual skill and de;terity of women workers and the same cannot be performed with e=ual efficiency by male workers Immediate members of the family operating the establishment or undertaking Other analogous cases %" 1acilities for ?omen a" /rovide seats proper for women b" Establish separate toilet rooms and lavatories c" Establish a nursery in a workplace for the benefit of the women employees d" ,etermine appropriate minimum age and other standards for retirement and termination +aternity eave 0enefits a" 4as paid at least 8 monthly contributions in the >%-mo" period immediately preceding the semester of her childbirth or miscarriage b" /aid only for the first H deliveries or miscarriages c" >''3 of average salary credit for A' days if normal or K9 days if caesarean 1amily /lanning Services, .ncentives for 1amily /lanning a" +aintain clinic or infirmary which shall provide for family planning service b" ,evelop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment7enterprise ,iscrimination /rohibited

8"

H"

)"

ACTS OF DISCRIMINATION& Payment of lesser compensation for work of e=ual value Favoring over promotion, training opportunities, study and scholarship grants solely on account of their se;es .nstitution of any criminal action under this shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative relief

(ctions authoriIed shall proceed independently of each other

A" <oid Stipulations (gainst +arriage - either as a condition for employment (pre* or for continuing employment (post* K" /rohibited (cts Deny benefits or discharge any woman employed to avoid giving benefits Discharge such a woman on account of her pregnancy or while on leave or in confinement due to her pregnancy Discharge or refuse the admission of such woman upon returning to her work for fear she may again be pregnant MINIM'M EMPLO/ABLE A!E >) 6ears Except when working under the sole responsibility of his parents or guardian (#, his employment does not in any way interfere with his schooling >9 6ears .n undertakings which are haIardous or deleterious a" e;poses workers to dangerous environmental elements, contaminations, or work conditions including ioniIing radiations, chemicals, fire, flammable substances, no;ious components and the like b" engaged in construction work, logging, fire-fighting, mining, =uarrying, blasting, stevedoring, dock work, deep-sea fishing and mechaniIed farming c" engaged in the manufacture or handling of e;plosives and other pyrotechnic products d" e;posed to or use of heavy or power-driven machinery or e=uipment e" use or are e;posed to power-driven tools EMPLO/MENT OF $O'SE$ELPERS - engaged in the employer@s home, whose services are usually or desirable for the maintenance and enEoyment thereof, and ministers e;clusively to the personal comfort and enEoyment of the employer@s family >* 2riginal !ontract not more than % years %* .f assigned to work in a commercial, industrial or agricultural enterprise, must not be paid lower than agricultural or non-agricultural workers 8* .f under >9 years of age, must be given opportunity to finish at least elementary schooling - cost of education shall be part of compensation H* Treated in a Eust and humane manner )* 1ree : Sanitary and suitable living =uarters (de=uate food +edical attendance A* .ndemnity for unEust termination if 1i;ed /eriod of Service !ompensation already earned L >) days K* .f no fi;ed period, notice of termination must be given at least ) days prior EMPLO/MENT OF $ANDICAPPED #ORKERS - Earning capacity impaired by : age physical or mental defects - can be regular if work is usually or necessary or desirable to the business (0ernardo !ase* >" ?hen Employable a" necessary to prevent curtailment of employment opportunities (#, b" does not create unfair competition in labor costs or impair working standards

%"

Employment (greement shall state7include: a" #ames and addresses of the handicapped workers to be employed b" $ate to be paid not less than K)3 of applicable legal minimum wage c" ,uration of employment period d" ?ork to be performed by handicapped - the agreement is always subEect to inspection by S2 E or duly authoriIed representative 8" Eligibility for (pprenticeship - .f their handicap is not such as to effectively impede the performance of Eob operations in the particular occupations for which they are hired

#$%&R RE#$TI&N' RE:'IREMENTS FOR RE!ISTRATION LABOR OR!ANI;ATION FEDERAL6NATIONAL #ORKERS< ASSOCIATION 'NION .= Registration 1ee In addition to .9 >9 d and e of .= Registration fee >= Names, addresses of its re=uirements for abor 2rg: >= Names of its members, officersM principal .= Resolution of affiliation of their addresses, addressM minutes of the at least >' locals or principal office of organiIational meetingsM chapters (all duly applicant, minutes of list of workers who recogniIed !ollective organiIational participated in the 0argaining agents* meetings, and names meetings >= Names and addresses of of individual members += Names of all its the companies where the who attended such members comprising at locals7chapters operate meetings least %'3 of all the plus list all members in += Copy of constitution employees in the each company involved and by-laws duly bargaining unit where it ratified by maEority of seeks to operate individual members d= Two (%* copies of its financial reports is applicant has been in e;istence for one or more year e= Four (H* copies of the !onstitution and 0y-laws (!0 *, minutes of its adoption or ratification and a list of members who participated therein N all re(uisite documents shall be certified under oath by the 'ecretary Treasurer and attested by the President

C$ARTERIN! -

.ssuance by 1ederation of charter certificate to a local7chapter copy of which shall be submitted to 0 $ within 8' days from issuance in addition submit !0 and set of officers books of accounts are no longer re=uired

AFFILIATION of Independently Re*iste(ed 'nion - file with $egional 2ffice or 0 $ % copies of verified resolution of affiliation, ratified by a maEority of the union, and a resolution of acceptance of by the federation 7 industry union ocal7!hapter becomes an 2 only upon Submission of the ff" to the 0 $ 7 $egional 2ffice: a" a charter certificate (?ithin 8' days from issuance* b" !0 and statement of officers - books of account are no longer re=uired !RO'NDS FOR CANCELLATION OF 'NION RE!ISTRATION Misrepresentation, 1alse Statement or 1raud in connection with : a" adoption7ratification of the !0 or amendments thereto, minutes of ratification and the list of members who took part in the ratification b" election of officers, minutes thereof, list of officers7voters c" in the preparation of the financial reports Failure to Submit : a" !0 , minutes of its adoption7ratification, list of members ho took part within 8' days from adoption of ratification or amendments thereto b" +inutes of the elections of officers, list of officers7voters within 8' days from election c" (nnual financial report to the 0 $ within 8' days after the closing of every fiscal year d" ist of individual members to the 0 $ once a year or whenever re=uired by the 0 $ Acting as labor contractor or engaging in the @!abo System@ or otherwise engaging in any activity prohibited by law Entering into !0(s with terms and conditions of employment below minimum standards established by law Asking for or accepting attorney@s fees or negotiation fees from employer Checking off special assessments or any other fees without duly signed individual written authoriIations of the members (other than for mandatory activities under the labor !ode* RI!$TS AND CONDITIONS OF MEMBERS$IP A= Politi+.l Ri*1ts >" 2fficers ,irectly elected %" #o person convicted of crime involving moral turpitude shall be eligible to be an officer of union 8" 2fficers shall not be paid any compensation other than salaries and e;penses due to their positions as authoriIed by !0 or written resolution of maEority ?= Deli>e(.ti,e 7 De+ision M.-in* Ri*1ts >" ,etermination by secret ballot, any =uestion of maEor policy %" #o admission of individuals who are members of subversive organiIations C= Ri*1ts O,e( Money M.tte( >" #o arbitrary, e;cessive oppressive fines and forfeiture %" #o collection of fees, dues #2$ disbursements unless duly authoriIed pursuant to !0 8" (ll payment of fees, dues, contributions evidenced by receipt and entered into records H" 1unds shall not be applied for any purpose other than e;pressly provided in !0 or authoriIed by maEority of members at general meeting )" #o special assessment or other e;traordinary fees may be levied unless authoriIed y written resolution of maEority

A" 2ther than mandatory activities, no special assessment, atty"@s fees, negotiation fees or any other e;traordinary fees may be checked from any amount due to an employee without individual written authoriIation D= Ri*1t To Be Info(med >" 1ull and detailed report of all financial transactions %" (ll income and revenue evidenced by a record and every e;penditure evidenced by a receipt 8" Treasurer and 2fficers render a true and correct account of all moneys received and paid : Since assuming office Since last accounting (t least once a year w7 in 8' days from close of fiscal year 2ther times as re=uired by written resolution of maEority H" 0ooks of account and financial records open to inspection by officer7member during office hours )" ,uty of labor organiIation to inform members of contents of !0 , !0( and their rights and obligations under e;isting labor laws -/rotest on Election of 2fficers 1ormaliIed before +ed (rbiter within ) days from close of Election /roceedings ,ecided within %' working days INTRA%'NION DISP'TES :eneral $ule :$elief must first be sought within the union itself in accordance with its !0 which must be alleged in the petition E5+eptions & Futility of intra-union remedies Improper e;pulsion procedures 'ndue delay as to constitute substantial inEustice Action for damages Lack of Eurisdiction of the investigating body Action of the administrative agency is patently illegal, arbitrary and oppressive Issue involved is purely a =uestion of law Administrative agency has already preEudged the case Administrative agency was practically given an opportunity to act on the case but did not -$e=uirement for a complaint for <iolation of by-laws and rights and conditions of membership: +inimum of 8'3 of the members of the abor 2rganiIation E;ception :)hen such violation directly affects only * or + members, then such number would be enough to report the violation and seek redress with the !.$ RE:'IREMENTS FOR DISAFFILIATION :eneral $ule : 2nly during the A' day freedom period B effected by a maEority of the members of the bargaining unit E;ception : 2utside the freedom period but must still be supported by a maEority of the members of the disaffiliating union who must remain bound by the !0( until the !0(@s e;piration date" Substitutionary octrine - employees cannot revoke the validity of a validly e;ecuted !0( with their employer by the simple e;pedient of changing their collective bargaining agent - the new agent must respect the subsisting !0(

employer cannot renege on the !0(, except to negotiate with the management for the shortening thereof !napplicable to personal undertaking of deposed union e"g" : no strike stipulation

)ISITORIAL PO#ER ?ho : $e : !ause : /rohibited :

Sec of ,2 E or duly authoriIed representative .n=uire into 1inancial (ctivities of 2 !omplaint under oath supported by the written consent at least %'3 of 2@s total membership >" A' day freedom period %" within 8' days immediately preceding election of union officers

EXEC'TI)E ORDER 3@A - (pplies to all employees of all branches, subdivisions, instrumentalities and agencies of the government including employees of :2!!s with original charters - !an form, Eoin or assist employeesO organiIation for furtherance and protection of interest NOT Co,e(ed & $igh-level employees A1/ Police 2fficers Policemen Firemen Bailguards (pplication filed with the 0 $ $egistration is with the !ivil Service !ommission or ,2 E (!S! !hairman and ,ole Sec Eointly approve* /etition for !ertification Election if filed with the 0 $

RI!$TS OF LE!ITIMATE LABOR OR!ANI;ATIONS Act as the representative of its members for the purpose of collective bargaining Certified as the e;clusive bargaining representative of all employees in an appropriate collective unit for purposes of collective bargaining Furnished with the annual audit financial statements of employer Own property (real7personal* for the use and benefit of its members and the labor organiIation Sue and be sued in its registered name 'ndertake all other activities designed to benefit the organiIation and its members, including cooperative, housing welfare and other proEects not contrary to law Collect reasonable membership fees, union dues, assessments and fines and other contributions ? KINDS OF 'NIONS (P0(pose >* 1or purposes of !ollective 0argaining (called P abor 2rganiIationP* - any union or association of employees which e;ists for collective bargaining purposes or for dealing with employers regarding terms B conditions of employment %* 1or +utual (id and /rotection (called P?orker@s (ssociationP* - an association of workers organiIed for its members@ mutual aid and protection or for any legitimate purpose other than collective bargaining -(ny employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union

'NION SEC'RIT/ CLA'SE - union can determine membership and prescribe conditions for its ac=uisition and retention - cannot be used by union officials against an employer, much less their own members e;cept with a high sense of responsibility, fairness and Eudiciousness ! 2SE, S42/ - only union members can be hired and workers must remain union workers7members to retain employment 5#.2# S42/ - non-members may be hired, but to retain employment, must become union members within a certain period thereafter +2,.1.E, 5#.2# S42/ - employees who are not union members at the time of the signing of the contract need not Eoin the union, but all workers hired thereafter should Eoin +(.#TE#(#!E 21 +E+0E$S4./ - no employee is compelled to Eoin the union, but all present or future members must, as a condition of employment, remain in good standing with the union

EJ! 5S.<E 0($:(.#.#: S42/ - the union is recogniIed as the e;clusive bargaining agent for all employees, whether union members or not 0($:(.#.#: 12$ +E+0E$S 2# 6 - the union is recogniIed as the bargaining agent only for its own members (:E#!6 S42/ - an agreement whereby employees must either Eoin the union or pay to the union as the e;clusive bargaining agent a sum e=ual to that paid by the members" This is directed against the Pfree riderP employees who benefit from union activities without contributing to union support o prevent a situation of non-union members enriching themselves at the e;pense of union members" /$E1E$E#T.( S42/ - agreement wherein management undertakes to give preference to union members in the hiring of employees, whether or not as regulars 4.$.#: 4( - agreement wherein list of employees are given a chance to determine who to employ7regulariIe !ene(.l R0le & (ll employees in the bargaining unit covered by the union security clause are subEect to its terms

E5+eption & Any employee who at the time the agreement takes effect is a bona fide member of a religious organiIation which prohibits its members from Eoining labor unions on religious grounds Employees already in the service and already members of a labor union or unions other than the maEority union at the time the agreement took effect Supervisors ineligible under the (ct to Eoin the maEority union because of the membership therein of employees under their supervision Employees e;cluded from the agreement by e;press terms 'NFAIR LABOR PRACTICES - acts opposed to workers@ right to organiIe -% Elements : Employer-employee relationship between the offender and offended (ct done is e;pressly defined in the abor !ode as 5 /

-$E+E,.ES: >" !ivil (spects abor (rbiter who shall resolve within 8' calendar days from submission for decision - recovery of civil liability in the administrative proceedings shall bar recovery under the !ivil !ode - substantial evidence enough %" !riminal (spects - +ust be proved independently from labor case - /rosecution not possible until after finality of Eudgment in the labor case - (dmin7civil Eudgment not evidence of 5 / insofar as the criminal case is concerned - ,uring the pendency of admin proceeding, the running of prescription of criminal offense shall be interrupted 'LP OF EMPLO/ERS >" $estraint, interference or coercion in their e;ercise of the right to selforganiIation - no e;cuse that conduct was unintentional and innocent - "otality of #onduct octrine : culpability of employer@s remarks were to be evaluated no only on the basis of their implicit implications, but were to be appraised against the background of and in conEunction with collateral circumstances (history of employer@s labor relations L anti-union bias* octrine of Successor-Employer : new company will be treated as a continuation or successor of the one that closed in the new or takeover company is engaging in the same business as the closed company or department, or is owned by the same people, and the PclosureP is calculated to defeat the worker@s organiIational right in which case the closure may be declared a subterfuge $%actors to etermine #ontinuity : a" $etention of control b" 5se of the same plant or factory c" 5se of the same or substantially the same employees, workers, supervisors or managers d" Similar or substantially the same work or production under similar or substantially the same working conditions e" 5se of the same machinery and e=uipment f" +anufacture of the same products or the performance of the same services %" 6ellow ,og !ontract - contract whereby an employee agrees that during the period of his employment he will not become a member of a labor union 8" !ontracting work out - services or functions being performed by union members - determining factor : motivation $&unaway Shop : industrial plant moved by its owners from one location to another to escape union labor regulations or state lawsM a plant removed to a new location in order to discriminate against employees at the old plant because of their union activities H" ,iscrimination (wages, hours of work, other terms B conditions of employment* - /urpose : to encourage 7discourage membership in any labor org@n

)" .ndirect discrimination against someone who has filed charges or for having given or about to give testimony against the employer under the abor !ode A" <iolation of duty to 0argain K" /ay 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" 9" <iolation of the !0( - 1lagrant B malicious refusal to comply with the economic conditions or provisions thereof &" .nitiates, dominates, assists otherwise interferes with the formation or administration of any labor organiIation including the giving of financial or other support to its organiIers or officers RELIEF IN 'LP CASES - not sub'ect to compromise !ease and desist order where : $estrained conduct was an issue in the case There was a finding of fact on said misconduct 1inding of fact supported by evidence $einstatement, /ayment of 0ackwages ,isestablishment - withdrew all recognition from the dominated labor union 2rder to bargain 'LP OF LABOR OR!ANI;ATIONS >* $estraint, interference or coercion in their e;ercise of the right to selforganiIation - .nterference in itself is not prohibited, 5 / only if it amounts to restraint or coercion %* !auses employer to discriminate between union and non-union members or members of another union 8* <iolation of duty or refusal to bargain collectively H* %eatherbedding : employee practices which create or spread employment by unnecessarily maintaining or increasing the number of employees used or the amount of time consumed to work on a particular Eob )* (ccept7ask for negotiation or attorney@s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute A* :ross violation of !0( (if not gross, not 5 /* - 1lagrant B malicious refusal to comply with the economic conditions or provisions thereof B'RISDICTION OF )OL'NTAR/ ARBITRATORS >" 2riginal and E;clusive all unresolved grievances arising from the interpretation or implementation of the !0( those arising from the interpretation or enforcement of company personnel policies %" (ll other labor disputes (:$EE, to be referred to it by the parties :rievance machinery, after if unsettled after K calendar days from submission automatically referred to <oluntary (rbitrator (ward to be made within %' calendar days 1inal >' cal days

TERM OF CBA &

C ye.(s .s to t1e (ep(esent.tion .spe+t Rene*oti.tion of p(o,isions ot1e( t1.n (ep(esent.tion .spe+t - not later than 8 years after its e;ecution

BAR!AININ! 'NIT - group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interests of all he employees, consistent with e=uity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the !0( EXCL'SI)E BAR!AININ! REPRESENTATI)E - labor organiIation designated or selected by the maEority of the employees in an appropriate bargaining unit - despite having an E0$, an individual employee or group of employees shall have the right at anytime to present grievances to their employers P.(ti+ip.tion of #o(-e(s in Poli+y .nd De+ision M.-in* - workers shall have the right subEect to such rules and regulations as the Secretary of abor and Employment may promulgate, to participate in policy B decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits, and welfare - pursuant to this, abor-+anagement !ouncils may be formed SEC'RIT/ OF TEN'RE N applies to all establishment or undertakings whether for profit or not CLASSES OF EMPLO/EES >" $E:5 ($ N engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer %" /$2DE!T N one whose employment has been fi;ed for a specific proEect or undertaking the completion of which has been determined at the time of engagement of the employee (S2 E<E# .1 +2$E T4(# . 6$", #2T #E!ESS($. 6 $E:5 ($* -becomes regular if, a. Dob is usually necessary or desirable in the usual business or trade (#, b. $epeated rehiring 8" SE(S2#( N one whose work or services to be performed is seasonal in nature and the employment is for the duration of the season H" !(S5( N activity performed is not usually necessary or desirable in the usual business or trade of the employer, not proEect and not seasonal E5+ept: if he has rendered at least > year of service, whether such service is continuous or broken F considered a $E:5 ($ employee with respect to the activity in which he is employed and his employment shall continue while such activity e;ists

)" /$20(T.2#($6 N :eneral $ule: #ot E;ceed A mos" E5+ept& 1. covered by an apprenticeship agreement stipulating a longer period 2. voluntary agreement of parties (especially when the nature of the work re=uires a longer period* 3. the employer gives the employee a second chance to pass the standards set N may be terminated a* Eust cause b* when he fails to =ualify as a regular employee in accordance with reasonable standards made known by the employer to employee at the time of his engagement N if allowed to work after the probationary period, he shall be considered a $E:5 ($ employee A" 1.JE, TE$+ N allowed if: - period is agreed upon knowingly and voluntarily by the parties without force, duress, or improper pressure e;erted on the employee - satisfactorily appears that employer and employee dealt with each other on more or less e=ual terms with no moral dominance e;ercised by the employer on the employee - term employment is not resorted to defeat the rights of the workersO rights -- E11E!TS 21 $E+2<( ?.T425T !(5SE : >" entitled to reinstatement %" without loss of seniority and other privileges 8" entitled to full backwages, inclusive of allowances and other benefits or their monetary e=uivalent TERMINATION -.'T C$.'E a" :$25#,S >" Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work (work-related* %" :ross and habitual neglect by the employee of his duties 8" 1raud or willful breach by employee of the trust reposed in him by his employer or duly authoriIed representative (not mere suspicion* H" !ommission of a crime or offense by the employee against the person of his employer or any immediate member of his family or duly authoriIed representative )" 2ther causes analogous to the foregoing b" (0(#,2#+E#T N means the deliberate, unEustified refusal of an employee to resume his7her employment" N "wo elements must be proved: - the intention to abandonM and - an overt act from which it may be inferred that the employee has no more intent to resume his7her work" N this is negated by immediate filing of an action for . E:( ,.S+.SS(

c" ,5E /$2!ESS >" written notice containing a statement of the causes for termination %" a hearing or conference where the employee, who may be assisted by counsel if he so desires, is given the opportunity to respond to the charge, present his own evidence, or rebut evidence against him 8" written notice of termination served on the employee indicating that grounds have been established to Eustify his termination based on due consideration of all the circumstances H" right to contest the validity or legality of his dismissal by filing a complaint with the # $! )" burden of proof is with the employer A" S5S/E#S.2# 21 E11E!TS /E#,.#: $ES2 5T.2# F if there is a prima facie finding that the termination may cause a serious labor dispute or is in implementation of mass layoff, the Secretary of abor may suspend the effects of the termination RE'I/N$TI&N a" ?.T425T D5ST !(5SE >" at least > month prior notice %" employee may be held liable for damages for failure to give notice b" ?.T4 D5ST !(5SE >" :rounds a" serious insult on the honor and person of employee by the employer or his representative b" inhumane and unbearable treatment accorded to the employee c" commission of a crime against person of the employee or any of the immediate members of his family d" other causes analogous to the foregoing %" #otice #ot #ecessary E0P#&10ENT N&T DEE0ED TER0IN$TED a" bona fide suspension of the operation of a business7undertaking for a period of not more than A months b" fulfillment by the employee of a military or civic duty N Effects : Employer shall reinstate the employee to his former position without loss of seniority rights .1 employee indicates his desire to resume his work not later than > month from resumption of operations of his employer or his relief from the military or civic duty PRE2ENTI2E '.'PEN'I&N 3 Eustified where the employeeOs continued employment poses a serious and imminent threat to the life or property of the employer or of his coworkers N must not e;ceed > month N only for the purpose of investigating the offense to determine whether he is to be dismissed or not N if more than > month, the employee must be actually reinstated or reinstated in the payroll N officers liable only if with malice and bad faith

 $.T!&RI4ED C$.'E' a" :$25#,S >" introduction to labor-saving devices N view to effecting more economy and efficiency in its method of production %" redundancy N e;ists where the services of an employee are in e;cess of what is reasonably demanded by the actual re=uirements of the enterprise N a position has become superfluous as an outcome of a number of factors such as overhiring of workers, decreased volume of business, dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise (T45S .T 2# 6 $EQ5.$ES S5/E$1 5.T6 #2T ,5/ .!(T.2# 21 ?2$C* 8" retrenchment N resorted primarily to avoid or minimiIe business losses N criteria of who to lay off (>* less preferred status (2) efficiency rating (3) seniority (4) performance N standards of retrenchment a" losses e;pected should be substantial and not merely de minimis in e;tent b" substantial loss apprehended must be reasonably imminent c" retrenchment must be reasonable necessary and likely to effectively prevent the e;pected losses d" alleged losses, if already realiIed, and the e;pected imminent losses sought to be forestalled, must be proven by sufficient and convincing evidence H" closure of business as a result of grave financial loss )" closure not due to losses b" #2T.!E (#, SE/($(T.2# /(6 written notice served on the worker and the ,2 E at least > month before the intended date thereof Separation /ay: > month pay or > month pay > month pay or at least >7% month for every year of service pay for every year of service whichever is higher whichever is higher - installation of labor- retrenchment to prevent saving devices losses - redundancy - closures or cessation of operations of establishments or undertaking #2T due to serious business losses or financial reverses - disease -- ( fraction of at least A moths shall be considered as one year" c" 0ackwages- granted on grounds of e=uity for earnings which a worker has lost due to his illegal dismissal" - full backwages are to be awarded to an illegally dismissed employee and should not be diminished or reduced by earnings derived elsewhere

d" (ilment or disease (other authoriIed causes: non-economic ground* N when his continued employment is prohibited by law or preEudicial to his health or to the health of his co-employees N there is a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of A months even with proper medical treatment N SE/($(T.2# /(6 : e=uivalent to at least > month salary or >7% month salary for every year of service, whichever is higher RETIREMENT PA/ LA# (RA DEF3 (" ?42 ($E EJE+/TE,: N retail, service, agricultural establishments N operations employing not more than >' employees or workers 0" C.#,S: >" 2/T.2#( - A' years old 7 ) years in service (includes authoriIed absences7vacations7regular holidays7mandatory military or civic service* %" !2+/5 S2$6 - A) years old7 regardless or years of service (company not bound to dismiss employee* !" 0E#E1.TS: - >7% month salary per year of service which shall include: >" >)-day basic wage, plus %" >7>% of the >8th month pay, plus 8" )-day Service incentive leave pay plus - a fraction of at least A mos" considered as one whole year H" other benefits as maybe agreed upon by er and ee -- +.#.+5+ N no" > L no" % L no" 8 F n ; years of service N minimum only so employer must pay deficiency in case agreed amount be less than the above DISP'TE SETTLEMENT A= L.>o( Disp0te N includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fi;ing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the pro;imate relation of employer and employee B= L.>o( A(>ite(s6NLRC >" D5$.S,.!T.2# F abor (rbiter # $! !( N !ases involving all workers, whether agricultural or non agricultural: a" 5 / cases (may include claims for actual, moral, e;emplary and other forms of damages, attorney@s fees, other affirmative relief* b" termination disputes c" if accompanied with a claim for reinstatement , those cases that workers may file involving wages, rates of pay, hours of work, and other terms and conditions of employment d" claims for actual, moral, e;emplary and other forms of damages, arising from the employer-employee relationship e" cases arising from any violation of (rt"%AH of the abor !ode, including =uestions involving the legality of strikes and lockouts f" E5+ept claims for E!, SSS, +edicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons on domestic or household service, including an amount

e;ceeding /),''' regardless of whether accompanied with a claim for reinstatement %" D5$.S,.!T.2# F # $! N EJ! 5S.<E appellate Eurisdiction over all cases decided by abor (rbiters 8" :$.E<(#!E +(!4.#E$6 B <2 5#T($6 ($0.T$(T.2# N cases arising from the interpretation of the !0( and those arising from the interpretation or enforcement of company personnel policies - monetary claim based on a !0( provision is under the e;clusive Eurisdiction of the grievance machinery B <( H" 2!5 ($ .#S/E!T.2# F abor (rbiter B # $! N at any time during working hours )" /$2!E,5$E N the rules of evidence prevailing in courts of law or e=uity shall not be controlling N it is the spirit and intention of this !ode which shall be used as reasonable means to ascertain the facts in each case N without regard to technicalities of law and procedure all in the interest of due process N parties may be represented by legal counsel but it shall be the duty of the !hairman, any presiding !ommissioner or commissioner or any labor arbiter to e;ercise compete control of the proceedings at all stages A" (//E($(#!ES (#, 1EES (" ?hen non-lawyers appear before the # $!7 ( >" if they represent themselves %" if they represent their organiIations or members thereof 0" (ttorney@s 1ees, negotiations fees or similar charges of any kind arising from any collective bargaining negotiations or conclusion of the collective agreement shall be imposed on any individual member of the contracting union N attorney@s fees may be charged against union funds in an amount to be agreed upon by the parties N contract, agreement to the contrary shall be <2., K" (//E( N ?4E#: within >' calendar days from receipt of decision of ( N :$25#,S: a" prima facie evidence of abuse of discretion on the part of ( b" the decision, order or award was secured through fraud or coercion including graft and corruption c" pure =uestions of law d" raised serious errors in the findings of facts which could cause grave or irreparable damage or inEury to the appellant N (,,.T.2#( $EQ5.$E+E#T: in case of Eudgment involving a monetary award-employer (appellant* may perfect the appeal only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the # $! in the amount e=uivalent to the monetary award in the Eudgment appealed from 9" 2$,E$ 21 $E.#ST(TE+E#T 21 (02$ ($0.TE$ N self-e;ecuting with no need for a writ of e;ecution N immediately e;ecutory even pending appeal N either admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or merely reinstated in the payroll ( at the option of the employer, but which choice must be communicated to the employee by the employer* N posting of a bond shall not stay the e;ecution of reinstatement

&" 1. .#: 21 +E+2$(#,5+ 21: (" (//E( N furnish other party within >' calendar days answer, then within %' calendar days decision by # $!, then within >' calendar days finality 0" E#12$!E+E#T: N any law enforcement agency may be deputiIed by the Secretary of ,2 E of the # $! N issuance of writ of e;ecution on a Eudgment within ) years from date it becomes final and e;ecutory motu proprio or in motion of any interested party C= B0(e.0 Of L.>o( Rel.tions o original Eurisdiction: appeal to 2ffice of the Secretary o appellate Eurisdiction: appeal to !ourt of (ppeals >" D5$.S,.!T.2# a" .nter-union conflicts b" .ntra-union conflicts c" (ll disputes, grievances or problems arising from or affecting labormanagement relations in all workplaces EJ!E/T those arising from the implementation or interpretation of the !0( which shall be the subEect of grievance procedure and7or voluntary arbitration %" !2+/$2+.SE (:$EE+E#TS N if voluntarily agreed upon by the parties with the assistance of the 0 $ or the regional office of ,2 E final and binding upon the parties N the only time # $! or any courts can assume Eurisdiction over issues involved therein: a" in case of non-compliance thereof b" if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation or coercion 8" /2?E$ T2 .SS5E S50/2E#( N when relevant to a labor dispute under its Eurisdiction either at the re=uest of any interested party or at its own initiative H" $E:.ST$6 21 5#.2#S (#, 1. .#: 21 !2 E!T.<E (:$EE+E#TS a" registry of 2 b" file of all !0( and other related agreements, records of settlement of labor disputes, copies of orders, and decisions of voluntary arbitrators N open and accessible to interested parties under conditions prescribed by the Secretary of ,2 E, provided that no specific information submitted in confidence shall be disclosed 5# ESS authoriIed by the Secretary 2$ when it is at issue in any Eudicial litigation 2$ when public interest or national security so re=uires N submitted within 8' calendar days from e;ecution of !0( to the 0 $7,2 E for registration accompanied with verified proofs of its posting in % conspicuous places in the place of work and ratification by the maEority of all the workers in the bargaining unit )" /$.<. E:E, !2++5#.!(T.2# N information and statements made at conciliation meetings shall #2T be used as evidence in the # $! N conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceeding conducted by them A" (//E( N within >' calendar days to the Secretary N :$25#,S: a" grave abuse of discretion b" gross incompetence

S'MMAR/ OF B'RISDICTION () 2&#.NT$R1 $R%ITR$T&R' N supervised by #ational !onciliation and +ediation 0oard (#!+0* N cases decided within %' calendar days, final within >' calendar days >" unresolved grievances arising from the interpretation or implementation of the !0( EJ!E/T gross violation of the !0( N unresolved within K cal days from submission to grievance machinery %" unresolved grievances arising from the interpretation or enforcement of company personnel policies 8" upon agreement of parties F any dispute *) 0ED-$R%ITER' %#R >" petition for certification election ($egional ,irector* %" registration of !0(7 abor 2rganiIation 8" inter-union conflicts (representation issue7cancellation of registration* H" intra-union conflicts (election of officers7 compliance with !0 * )" all disputes, grievances, or problems arising from or affecting labor management relations in all workplaces whether agricultural or nonagricultural EJ!E/T those arising from the implementation or interpretation of !0( #) P&E$ N appeal to Secretary of ,2 E within >' calendar days >" cancellation7 revocation7 supervision of license or authority N appeal to # $! within >' calendar days %" violation of overseas employment contracts 8" disciplinary cases filed against overseas contract workers N original and e;clusive Eurisdiction over all claims arising out of an employeremployee relationship or by virtue of any law or contract involving 1ilipino overseas workers including disciplinary casesM and all pre-employment cases which are administrative in character involving or arising therefrom, or violations of the conditions for issuance of license or authority to recruit workers ) #$%&R $R%ITER' N#RC N appeal within >' calendar days >" 5 / (priority resolved within 8' calendar days from submission for decision* %" termination disputes 8" claims for wages, rates of pay, hours of work and other terms and conditions of employment H" claims for actual, moral, e;emplary and other forms of damages arising from employer-employee relationship )" cases arising from prohibited activities during strikes, including =uestions involving the legality of strikes and lockouts A" all other claims arising from employer-employee relationship involving an amount e;ceeding /)''' regardless of whether accompanied by a claim for reinstatement e;cept E!!, SSS, +edicare, B maternity benefits E) RE/I&N$# DIRECT&R' >" Secretary of ,2 E enforcement power (inspection* F no limit to claims %" adEudicatory power ma;imum of /)''' total claim7employee N summary appeal to # $! within ) calendar days 8" violation of the !0 and right and conditions of membership ATTORNE/GS FEES - /roceeding for recovery of wages N may be assessed against monetary benefits awarded (>'3* - !0( negotiations N charged against union funds in an amount to be agreed upon by parties

PRE'CRIPTI2E PERI&D' 5 / +2#E6 ! (.+S 211E#SES 5#,E$ abor !ode . E:( ,.S+.SS(

> year 8 years 8 years H years

PETITION FOR CERTIFICATION ELECTION (" +&,(-!.E ES"(*/!S01E-" 2w3 #*(4 ?hat: verified petition for =uestioning the maEority status of the incumbent bargaining agent ?hen filed: w7 !0( : within the A' day period before the e;piration of the !0( ?7o !0(: anytime except certification year rule 2$ deadlock-bar rule ?ith whom: ,2 E ($egional 2ffice* $e=uisite: written consent of at least %)3 of all employees in the bargaining unit N under the law, %)3 is not a re=uisite, but makes conduct of a !E mandatory if submitted N under the rules, %)3 is a re=uisite, absence of such is a ground for dismissal of the petition" 0" 5-+&,(-!.E ES"(*/!S01E-" 2no #*(4 >* petition by a legitimate labor organiIation (no %)3 re=uirement* %* employer when re=uested to bargain collectively Ce(tifi+.tion ele+tion $e=uirement for valid election -- maEority of all eligible voters cast their votes 5nion to be certified -- labor union receiving maEority of the valid votes cast Procedure: Petition with decided w3in 67 file appeal w3 &eg8l +fc but 9: days to decide; eci1ed-(rbiter working days it is Secretary who decides sion final < unappealable /etition where no !0( : anytime E5+ept - within > yr" 1rom date of issuance of a final certification election result - after bargaining deadlock has been submitted (to which an incumbent bargaining agent is a party* to conciliation7arbitration or became subEect of valid notice to strike or lockout R0n%off ele+tion (within ) calendar days from close of election* 8 or more choices o results of election - no choice received maEority of valid votes cast o total R of votes for all contending unions at least )'3 of total votes cast T45S: conducted between labor unions receiving the % highest number of votes /resumption: valid election, i"e" maEority of eligible voters voted Cond0+t Of Ce(tifi+.tion Ele+tion notice of at least ) working days before actual date (% most conspicuous place* election proper - any party in interest may protest to be recorded in the minutes, otherwise, it is deemed waived (/rotests must be formaliIed with +ed-(rbiter within ) days from close of election proceedings* .f no protest, election officer proclaims and certifies results

?hen a protest is perfected or any challenge or eligibility issue raised, only the

+ed-(rbiter can proclaim and certify the winner within %' working days from filing

Contents of Noti+e & > date of election % names of contending parties 8 description of bargaining unit H list of eligible voters all employees in bargaining unit can vote !4( E#:E: before employees cast vote (bstention not valid vote

Fo0( (F B.(s to 1oldin* . Ce(tifi+.tion Ele+tion& >* +e(tifi+.tion ye.( -- w7in > yr" from issuance of a final certification election result Exception: unusual circumstances e;ist as when a change in the structure of the membership of the contracting union occurs in such a way that a reasonable doubt arises as to whether it remains the labor union which the employees desired to represent them in the first place with an accompanying change in the officials, constitution, by-laws, and bargaining authority of the contracting union" %* de.d%lo+- >.( (0le -- during the e;istence of a bargaining deadlock to which an incumbent or certified bargaining agent is a party and which had been submitted to conciliation or arbitration or had become the subEect of a valid notice of strike or lockout 8* +ont(.+t%>.( (0le -- during the e;istence of !0( Exception: within the freedom period -!0( need not be certified, need only to be registered under (rt" %8> -(pplies as well after the lapse of the A' day freedom period when old !0( is e;tended until a new one is signed H* ne*oti.tions >.( -- when the duly recogniIed or certified union has commenced negotiations with the employer in accordance with (rticle %)' of the abor !ode within the one-year period of a certification year B.(*.inin* Rep(esent.ti,e -- 2 or any duly authoriIed officer or agent of such organiIation whether or not employed by the employer Ce(tifi+.tion Ele+tion -- process of determining, through secret ballot, the sole and e;clusive bargaining unit for purposes of collective bargaining Consent Ele+tion -- election voluntarily agreed upon by the parties to determine issue of maEority representation of all workers in the appropriate collective bargaining unit where a petition for !E had been filed and, upon the intercession of the +ed-(rbiter, the parties agree to hold a consent election, the results thereof shall constitute a bar to the holding of a !E for one year from the holding of such consent election where no /!E had been filed but the parties have agreed to hold a consent election, the results thereof shall not constitute a bar to another !E, unless the winning union had been voluntary recogniIed" R0n%off Ele+tion -- election between the labor unions receiving the % highest number of votes when a certification election which provides for 8 or more choices results in no choice receiving maEority of valid votes cast, where the total number of votes for all contending unions is at least )'3 of the number of votes cast

O(*.ni2ed Est.>lis1ment -- a firm or company where there is a recogniIed or certified e;clusive bargaining agent Rep(esent.tion Offi+e( -- person duly authoriIed to conduct and supervise certification Elections PETITION FOR CERTIFICATION ELECTION & #1o files& a* legitimate labor unions b* employer - when re=uested to bargain collectively #1en filed a* absence of !0( duly-registered -- any time E5+ept: certification year-rule (not w7in > year from issuance of final !"E" result* deadlock bar rule (submitted to conciliation7arbitration 2$ had become the subEect of a valid notice of strike7lockout b* with a !0( duly-registered -- during the freedom period ?CH s0ppo(t BAR!AININ! NE!OTIATIONS $e=uest to 0argain by union FG !ounter-/roposal w7in >' calendar days or reasonable period of time RE/I'TR$TI&N &F C%$ 5IT! %IR RE/I&N$# &FFICE -- ) copies within 8' calendar days from e;ecution with verified proof of : a" posting in % conspicuous places b" ratification by maEority of all workers &egional office -- 6 copies; -#1* -- 9 copy; */& -- 6 copies -- registration fee of />'''"'' --- employer@s cost -- certificate of registration within ) cd from receipt of agreement )ol0nt.(y A(>it(.tion & - involves interpretation7construction of : !0( !ompany /ersonnel /olicies

any person accredited by the #!+0 as such or any person named or designated in the !0( by the parties to act as their voluntary arbitrator one chosen with or without the assistance of the #!+0 pursuant to a selection procedure agreed upon in the !0( or any official that may be authoriIed by the Secretary of abor and Employment t act as voluntary arbitrator upon the written re=uest and agreement of the parties to a labor dispute" /owers: holds hearings receive audience take whatever action is necessary to resolve the issue subEect of the dispute /rocedure: all parties entitled to attend proceedings adEournment for cause or upon agreement of the parties decision within %' calendar days from submission final7e;ecutory after >' calendar days from receipt

!ost: proportionate sharing scheme in the !0( fi;ing of fee (factors to be considered* a" nature of the case b" time consumed in hearing the case c" professional standing of the voluntary arbitrator d" capacity to pay of the parties e" fees provided for in the $ules of !ourt shared e=ually by parties unless agreed otherwise Special <oluntary (rbitration 1und administered by the #!+0 amount of subsidy in appropriate cases shall e determined by the #!+0 upon recommendation of the !ouncil abor-+anagement !ommittee no 2 e;ists formed voluntarily by workers and employees for the purpose of promoting industrial peace abor-+anagement !ouncil organiIed establishment enable workers to participate in policy and decision making process in the establishment insofar as said processes will directly affect their rights, benefit and welfare e;cept those which are covered by !0(@s or are traditionally areas of bargaining RA EID3 %% P(od0+ti,ity In+enti,es A+t of 3IIA L.>o(%M.n.*ement Committee - both management and labor shall have e=ual voting rights - representations of labor organiIed -- designated by the !ollective bargaining agents in the bargaining unit unorganiIed -- elected by at least a maEority of all rank and file employees who have rendered at least A months of continuous service P(od0+ti,ity In+enti,es P(o*(.m - contains provisions for the manner of sharing and the factors in determining productivity bonuses - productivity granted ,>7% (percentage increase in the productivity of the business enterprise* - granted salary bonuses F increases in current productivity over the average for the preceding 8 consecutive years - entitles employer to special deduction from gross income e=uivalent of )'3 of the total allowable ordinary and necessary business deductions for said bonuses under the #.$! St(i-e : any temporary stoppage of work by concerted action of employees as a result of an industrial labor dispute : not a strike: mass resignation Lo+-o0t & temporary refusal of an employer to furnish work as a result of an industrial or labor dispute Inte(n.l 'nion Disp0te - includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union member ship provided for in this !ode St(i-e B(e.-e( %% any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation, any peaceful picketing by employees

during any labor controversy affecting wages, hours, and conditions of work or in the e;ercise of the right of self-organiIation or collective bargaining St(i-e A(e. & -- establishment, warehouses, depots, plants or offices, including the sites or premises used as run-away shops of the employer struck against as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and e;it from said establishment ).lid P0(pose fo( Con+e(ted A+ti,ities collective bargaining mutual benefit and protection !(o0nds fo( st(i-es .nd lo+-o0ts : ,eadlock Safter reasonable effortsT 5 / Sgood faith of the strikers as to the e;istence of 5 / is sufficient, depending on circumstancesT - violations of !0( that are not flagrant and7or malicious refusal to comply with its economic provisions are not 5 /M not strikeable Pe(son.lity & 2 or recogniIed bargaining agent in case of economic strike !ooling off period 8' days >) days ,ispensed with if duly elected officer of union is dismissed such as to constitute union busting ,uty of ,2 E to e;ert all efforts at mediation and conciliation to effect a voluntary settlement 8' day7>) day cooling off period mandatory except : cases of union-busting K-day strike ban mandatory

>" #2T.!E 21 ST$.CE : 0argaining deadlocks ---------- 5 / ----------

%" ST$.CE <2TE: decision must be approved by a maEority of the total union membership in the bargaining unit concerned obtained by secret ballots in meetings or referenda called for that purpose (or of the 0o, of the corp" case of a lockout* 8" $E/2$T 21 ST$.CE <2TE $ES5 TS: ,2 E must be furnished with the results of the voting at least K days before the intended strike or lockout subEect to the cooling off period (K day strike ban* ,2 E informed of meeting %H hours before Peaceful 1eans : <iolence not pervasive and widespread .ngress and egress rule (ssumption of Durisdiction by Secretary of abor (resolved within 8' calendar days* 9) iscretionary N .n his opinion there e;ists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest may certify the same to the commission for compulsory arbitration Effect: automatically enEoins the intended on impending strike or lockout but if one has already taken place, all striking or locked out employees shall immediately return to work

and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lock-out 6) 1andatory: 2within 6= hours4 N .n labor disputes adversely affecting the continued operation of hospitals, clinics, or medical institutions ,uty of striking union or locking out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, where movement and service shall be unhampered and unrestricted as are necessary to insure the proper and ade=uate protection of the life and health of its patients most especially emergency cases for the duration of the strike or lock-out -/resident of the /. : may determine the industries, which are in his opinion indispensable to national interest" 4e may intervene at any time and assume Eurisdiction over any such labor dispute in order to settler or terminate the same -,ecision of the /resident, Secretary of labor, # $! FG final and e;ecutory after receipt thereof by the parties PRO$IBITED ACTI)ITIES: >* strike or lock-out without first having bargained collectively %* strike or lock-out without the necessary notice being filed with the ,2 E 8* strike or lock-out without the necessary vote first having been obtained and reported to the ,2 E H* strike or lock-out after ,2 E has assumed Eurisdiction or the /resident or after certification or submission of dispute to the compulsory arbitration7voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout )* knowingly participating in illegal strike7knowingly participates in the commission of illegal acts during a strike ground for termination of employment A* obstruct, impede, or interfere with by force, violence, coercion, threats, or intimidation any peaceful picketing by employees during any labor contriversy or shall abeit or aid such obstruction or interference K* employment or use of any strikebreaker7 employed as a strike breaker 9* bringing in, introducing, or escorting by any public officer or employee, including officers and personnel of the (1/ or /#/, or any armed person in any manner of any individual who seeks to replace strikers in entering or leaving the premises of a strike area or work in place of strikers &* commit any act of violence, coercion or intimidaion while engaged in picketing or obstruct the ingress or egress from the employer@s premises for lawful purposes or obstruct public thoroughfares (must be pervasive and widespread7consistently and deliberately resorted to as a matter of policy* --See Sec" K (g* of ,"2" & regarding prohibition on contracting out a Eob, work or service directly related to the business or operation of the principal by reason of a strike or lockout whether actual or imminent" Imp(o,ed Offe( B.llotin* N $eferendum by the ,2 E on the improved offer of the employer or on the reduced offer of the union (on or before the 8'th day of the strike or lock-out* where at least a maEority of the union members702,, trustees, or the partners holding the controlling interest vote and accept the improved7reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement ReJ0i(ement fo( A((est9 Detention of 'nion Mem>e(s6O(*.ni2e(s fo( 0nion A+ti,ities !ene(.l R0le : previous consultations with the Secretary of abor E5+eption : grounds of national security and public peace : in case of commission of a crime

,5! E/!-ES %+& "0E #+- 5#" +% "0E !-P3(%P PE&S+--E/ 5&!-, S"&!>ES3/+#>+5" (- /(*+" !SP5"ES !- ,E-E&(/ .nvolvement limited to the : a* maintenance of peace and order b* enforcement of laws and legal order of duly constituted authorities c* performance of special functions as maybe provided by law >* elements of the /olice 1orce should first be called upon to render assistance %* when it is unavailable or inade=uate, !(/!2+ or +ET$2,.S!2+ may call upon the !onstabulary to render assistance 8* personnel from the army, #avy, or (ir 1orce only when directed by the /resident or personally by the Secretary of #ational ,efense upon consultation with the Secretary of abor and Employment or when re=uested by the latter" -/ersonnel related by affinity or consanguinity within the H th civil degree to any official7leader of the parties in the controversy or has any financial or pecuniary interest therein - not allowed to render services in connection with a strike or lock-out /E(!E-CEE/.#: ,ET(. personnel detailed shall be in uniform, with proper namecloth at all times, personnel shall observe strict neutrality in his dealings with both parties to the controversy stationed such that their presence may deter the commission of criminal acts from either side maintain themselves outside a )' meter radius from the picket line e;cept if the )' meter radius includes a public thoroughfare, they may station themselves in such public thoroughfares for the purpose of insuring the free flow of traffic ($$ESTS7SE($!4ES (#, SE.U5$ES effected only on the basis of an e;isting and valid warrant any person who obstructs the free and lawful ingress to and egress from the employer@s premises or who obstructs public thoroughfares may be arrested and accordingly charged in court as well as any person who shall have in his possession deadly weapons in violation of 0/ 0lg" 'A such as knives, bolos, blunt or pointed instruments and firearms or e;plosives in violation of /, >9&A Service of ,2 E, !ourt or awful 2rders7?rits primary concern of the ,2 E representatives, sheriff, representative of the govt" agency issuing the order respectively role of the (1/7.#/ is only supportive (dministrative Durisdiction determination of whether a strike, picket or lock-out is legal or not should be left to ,2 E personal escort only upon direction of competent authority other party shall be informed accordingly all escorts shall be in uniform at all times SocialiIing7 iaison discouraged from socialiIing with any of the parties involved during the pendency shall not, under any prete;t, accept an invitation from either of the parties liaison established and maintained with representatives of ,2 E, mgmt", and union for the purpose of maintaining peace and order as well as to maintain a continuing peaceful dialogue (dministrative (ction all complaints7reports leveled against any personnel of the .#/7(1/ on the occasion of strike7lock-out shall be acted with dispatch

whenever applicable, and if the evidence so warrants, appropriate disciplinary action shall be takes against the erring personnel