FUNDAMENTAL PRINCIPLES AND POLICIES

1. Can constitutional due process be raised against the employer?

The Constitutional due process cannot be invoked by an employee undergoing
administrative investigation at the company level. IT may only be raised against the
LA, NLRC or CA because at this stage, the government is now involved through said
labor tribunals.
2. Explain the following doctrines in relation to the following cases?
SERRANO
violation of the notice and hearing requirement cannot be considered as denial
of due process since:
Due process of the constitution is a limitation of government powers
N&H under the due process clause applies before the power of
organized society are brought to bear upon the individual
Employer cannot really be expected to be entirely an impartial judge of
his own cause
AGABON
a distinction was made between constitutional DP and statutory DP.
CDP protects the individuals from the government while SDP protects the
employees from being unjustly terminated without just cause after notice and
hearing.
Compliance with SDP under 277(b) would suffice
If there is just cause but DP was not observed, no reinstatement nor
backwages, employer deemed to have opted for separation pay.
ABBOT
In addition the SDP, the employer should comply with the DP
prescribed in the company rules (contractual due process). Failure of which
would make it liable for indemnity in the form of nominal damages.
3. What is the effect of failure of employer to inform employee of right to counsel?
It is neither indispensable nor mandatory EXCEPT:
When employee himself request for one
OR he manifests that he wants a formal hearing on the charges against
him
4. Can employee bring givable issues directly to their employer without participation
of the bargaining union? How about with voluntary arbitration?
YES. The designation of bargaining agent does not deprive an individual employee to
exercise his right at any time to present grievances to their employer with or without
intervention of bargaining agent
NO. as held in Tabique vs. international copra export corporation, they cannot be
allowed to submit unsettled grievances for VA without the participation of the
bargaining union. The union is the party to the CBA which contains the provision of

VA. It cannot be disregarded. In order to have legal standing, they must be authorized
by the union.
5. What is principle of co-determination?
Right given to the employees to co-determine or share responsibility of
formulating policies which affect their rights, benefits and welfare.
6. what is the protection to labor clause?
ARTICLE II: the state affirms labor as the primary social economic force and
it shall protect the rights of workers and promote their welfare
ARTICLE XIII: the state shall afford full protection to labor, Local and
overseas, organized and not organized, and promote full employment and equality of
employment opportunities for all. It shall guarantee:
Self-organization
CB and negotiations
Peaceful concerted activities
Security of tenure
Humane conditions of work
Living wage