LABOR RELATIONS NOTES by Morillo Q: What are the territorial jurisdictions of these NLRC
Divisions?
Title II
NATIONAL LABOR RELATIONS COMMISSION
(Arts 220 [formerly 213] to 231 [formerly 225]
Chapter 1
Creation and Composition of the NLRC
(Arts. 220 [formerly 214] to 223 [formerly 216)
National Labor Relations Commission
(Art. 220 [formerly 213])
Q: What is the composition for the NLRC?
A: Unless otherwise provided by law, the Commission
(NLRC) shall be composed of the Chairman and 23
Commissioners. [Rule VII, Sec. 2(a), 2011 NLRC
Rules of Procedures].
Q: What is the function of the NLRC En Banc?
A: The Commission (NLRC) shall sit En Banc only for
purposes of the following:
1. Promulgating rules and regulations governing the
hearing and disposition of cases before its
Divisions and Regional Arbitration Branches; and
2. For the formulation of policies affecting its
administration and operations;
[Rule VII, Sec. 2(b), 2011 NLRC Rules of
Procedure]
Q: May a case of any NLRC Division be heard by
another Division?
A: Yes, the NLRC En Banc may allow cases within the
jurisdiction of any Division to be heard by another
Division as long as:
(a) It is on a temporary and emergency basis;
(b) The dockets of the Division allows the additional
workload; and
(c) The transfer will not expose litigants to
unnecessary additional expenses.
[Rule VII, Sec. 2(b), 2011 NLRC Rules of
Procedure]
Q: What is the purpose of the NLRC Division?
A: Unless otherwise provided by law, the Commission
(NLRC) shall exercise its adjudicatory and all other
powers, functions and duties through its 8 Divisions.
[Rule VII, Sec. 2(c), 2011 NLRC Rules of
Procedure].
Q: What is the composition of the NLRC Division?
A: Each Division shall consist of 1 member from the
public sector who shall act as the Presiding
Commissioner and 1 member each from the workers
and employers sectors, respectively. [Rule VII, Sec.
2(c), 2011 NLRC Rules of Procedure].
 
A: Of the 8 Divisions, the First, Second, Third, Forth, Fifth
and Sixth Divisions shall have exclusive territorial
jurisdiction over appealed cases coming from Luzon;
the Seventh Division, appealed cases from the
Visayas Region; and the Eighth Division, appealed
cases from Mindanao including those from the
Autonomous Region for Muslim Mindanao (ARMM).
[Rule VII, Sec. 2(c), 2011 NLRC Rules of
Procedure].
Q: What the function of the Chairman?
A: The Chairman shall:
(a) Preside over all sessions of the Commission
(NLRC) En Banc;
(b) Be the Presiding Commission of the First Division;
and
(c) Aided by the Executive Clerk of the Commission
(NLRC), The Chairman shall have administrative
supervision over the Commission (NLRC) and its
Regional Arbitration Branches and all its
personnel inkling the Executive Labor Arbiters and
Labor Arbiters.
[Rule VII, Sec. 3, 2011 NLRC Rules of
Procedures]
Q: In the absence or incapacity of the Chairman, who
shall be the Acting Chairman?
A: In case of the effective absence or incapacity of the
Chairman, the Presiding Commissioner of the Second
Division shall be the Acting Chairman. [Rule VII, Sec.
3, 2011 NLRC Rules of Procedures]
Q: When the Commission En Banc Session be
conducted?
A: The Chairman shall call the Commission En Banc
session at least twice a year, preferably on the first
week of June and the first week of December, to
deliberate and decide on any matters which need
immediate action. However, a majority of all the
members of the Commission may call a Special En
Banc session to discuss and decide on urgent and
vital matters which need immediate action. [Rule VII,
Sec. 4(a), 2011 NLRC Rules of Procedure].
Q: What constitutes a quorum in the Commission?
A: The presence of a majority of all members of the
Commission shall be necessary to constitute a
quorum. {Rule VII, 4(c), 2011 NLRC Rules of
Procedure].
Q: What is the effect of establishing a quorum in the
Commission?
A: The vote or concurrence of the majority of the
members constituting a quorum shall be the decision
or resolution of the Commission En Banc. {Rule VII,
4(c), 2011 NLRC Rules of Procedure].
1

Q: What constitutes a quorum in the Division?
A: The presence of at least 2 Commissioners of a
Division shall constitute quorum. {Rule VII, 4(c), 2011
NLRC Rules of Procedure].
Q: What is the effect of establishing a quorum in the
Division?
A: The concurrence of 2 Commissioners of a Division
shall be necessary for the pronouncement of a
judgment or resolution. {Rule VII, 4(c), 2011 NLRC
Rules of Procedure].
Q: What is the remedy whenever membership in a
Division is not complete and/or the concurrence of
2 Commissioners cannot be obtained to arrive at a
judgment or resolution?
A: The Chairman shall designate such number of
additional Commissioners belonging to the same
sector from the other Divisions as may be necessary.
In the event that all the members of a division inhibit
themselves from resolving a case, the Chairman may
create a Special Division or assign the case to any of
the other Divisions. {Rule VII, 4(c), 2011 NLRC Rules
of Procedure].
Q: What the Role of the Chairman in the Division?
A: The Chairman of the Commission may convene and
preside over the session of any Division to consider
any case pending before it and participate in its
deliberation, if in his judgment, his presence therein
will best serve the interests of labor justice. {Rule VII,
4(d), 2011 NLRC Rules of Procedure].
Q: What is the exception to the role of the Chairman
in the Division?
A: The Chairman shall not participate in the voting by the
Division, except when he is acting as a Presiding
Commissioner of the Division in the absence of the
regular Presiding Commissioner. {Rule VII, 4(d), 2011
NLRC Rules of Procedure].
Headquarters, Branches and
Provincial Extension Units
(Art. 221 [formerly 214])
Q: Where are the Headquarters, Branches and
Provincial Extension of the Commission located?
A: As provided by law, the Commission and its First,
Second, Third, Fourth, Fifth and Sixth Divisions for
Luzon shall have their main offices in the National
Capital Region (NCR), and the Seventh and Eighth
Divisions for Visayas and Mindanao, in the cities of
Cebu and Cagayan de Oro, respectively. [Rule VII,
Sec. 2(d), 2011 NLRC Rules of Procedure]
Appointment and Qualifications
 
(Art. 222 [formerly 215]
Q: What are the qualifications of the Chairman and
other Commissioners?
A: The Chairman and other Commissioners shall be:
1. Members of the Philippine Bar;
2. Must have been engaged in the practice of law in
the Philippines for at least 15 years, with at least 5
years experience or exposure in the field of labor-
management relations, and shall preferably be
residents of the region where they shall hold
office.
[Art. 222 (formerly 215]
Q: What are the qualifications of the Labor Arbiters?
A: The Labor Arbiters shall likewise be:
1. Members of the Philippines Bar;
2. Must have been engaged in the practice of law in
the Philippines for at least 10 years, with at least 5
years experience or exposure in the field of labor-
management relations, and shall preferably be
residents of the region where they shall hold
office.
[Art. 222 (formerly 215]
Q: How long is the Tenure of the Chairman, Other
Commissioners and Labor Arbiters?
A: They shall hold office during good behavior until they
reach the age of 65 years, unless sooner removed for
caused as provided by law or become incapacitated
to discharge the duties of their office; Provided,
however, That the President of the Republic of the
Philippines may extend the services of the
Commissioners and Labor Arbiters up to the
maximum age of 70 years upon the recommendation
of the Commission En Banc. [Art. 222 (formerly 215]
Q: Who appoints the Chairman, the Division Presiding
Commissioners and other Commissioners?
A: They are all appointed by the President. [Sec. 2, RA.
10741]
Q: Who appoints the members of the specific
divisions of the NLRC?
A: Appointment to any vacancy in a specific division shall
only come from the nominees of the sector which
nominated the predecessor. [Sec. 2, RA 10741]
Q: Who appoints the Labor Arbiters?
A: The Labor Arbiters shall also be appointed by the
President, upon the recommendation of the
Commission En Banc and shall be subject to the Civil
Service Law, Rules and Regulations. [Sec. 2, RA
10741]
Q: Who appoints the staff and employees of the
Commission?
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A: The Chairman and the Commission, shall appoint the
staff and employees of the Commission, and its
regional branches as the needs of the service may
require, subject to the Civil Service Law, rules and
regulations. [Sec. 2, RA 10741]
Salaries, benefits, and other emoluments
(Art. 223 [formerly 216], as
amended Sec. 4, by RA 9347)
Q: What are the salary, benefits, and other
emoluments of the Chairman and members of the
Commission?
A: They shall have the same rank, receive an annual
salary equivalent to, and be entitled to the same
allowances, retirement and benefits as, those of the
Presiding Justice and Associate Justices of the Court
of Appeals. [Art. 223 (formerly 216) as amended by
Sec. 4, RA 9347]
Q: What are the salary, benefits and other
emoluments of the Labor Arbiters?
A: They shall have the same rank, receive an annual
salary equivalent to and be entitled to the same
allowances, retirement and other benefits and
privileges as those judges of the RTCs. [Art. 223
(formerly 216) as amended by Sec. 4, RA 9347]
Q: Can there be diminution of the existing salaries,
benefits and other emoluments?
A: NO, in no case shall the provision of this Article result
in the diminution of the existing, salaries, allowances
Q: What are the exceptions of the original and
and benefits of the aforementioned officials. [Art. 223
(formerly 216) as amended by Sec. 4, RA 9347]
A: The following are the exceptions:
Chapter 2
Powers and Duties
(Arts. 224 [formerly 217] to 228 [formerly 222])
Jurisdiction of the Labor Arbiters
(Art. 224 [formerly 217])
Q: What are cases that fall under the original and
exclusive jurisdiction of the Labor Arbiters?
A: Labor Arbiters shall have original and exclusive
jurisdiction to hear and decide the following cases
involving all workers, whether agricultural or non-
agricultural:
(a) Unfair labor practice cases;
(b) Termination disputes;
(c) Cases involving wages, rates of pay, hours of
work and other terms and conditions of
employment if such is accompanied with a claim
for reinstatement;
(d) Claims for actual, moral, exemplary and other
forms of damages arising from employer-
employee relations;
 
(e) Cases arising from any violation of Art. 279
(formerly 264) of the Labor Code, as amended,
including questions involving the legality of strikes
and lockouts;
(f) All other claims arising from employer-employee
relations, including those of persons in domestic
or household service, involving an amount
exceeding Php5,000.00, whether or not
accompanied with a claim for reinstatement,
except for employees compensation not included
in the next succeeding paragraph, social security,
medicare and maternity benefits; [Rule V, Sec. 1,
2011 NLRC Rules of Procedure]
(g) Wage distortion disputes in an unorganized
establishments that are not voluntarily settled by
the parties pursuant to RA 6727; [Rule V, Sec. 1,
2011 NLRC Rules of Procedure]
(h) The Exception clause under Art. 128 (b), LCP;
[“Notwithstanding the provisions of Art. 129 and 217
(now 224) of this Code to the contrary …….”]
(i) Enforcement of compromise agreements when
there is non-compliance by any of the parties
pursuant to Art. 223 (now 229), LCP, as amended;
[Rule V, Sec. 1, 2011 NLRC Rules of Procedure]
(j) Money claims arising out of employer-employee
relationship or by virtue of any law or contract,
involving Filipino workers for overseas
deployment including claims for actual, moral,
exemplary and the forms of damages as provided
by Sec. 10 of RA 8042, as amended by RA 10022;
and
(k) Other causes as may be provided by law.
exclusive jurisdiction of the Labor Arbiters?
1. Exception clause under Art. 224 (former 217) par.
a;
2. Art. 224 (former 217) par. b; [“The Commissioner
shall have exclusive appellate jurisdiction over all
cases decided by Labor Arbiters”]
3. Cases arising from the interpretation or
implementation of collective bargaining
agreement and those arising from the
interpretation or enforcement of company
personnel policies shall be disposed of the Labor
Arbiter by referring the same to the grievance
machinery and voluntary arbitration as may be
provided in said agreements; [Art. 224 (former
217) par. c]
4. Any matters involving the recovery of wages and
other monetary claims and benefits, including the
legal interests, owing to an employee or person
employed in domestic or household service or
househelper under this Code, arising from
employer-employee relations: Provided, That
such complaint does not include a claim for
reinstatement: Provided, further, That the
aggregate money claims of each employees or
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 househelper does not exceed Php 5,000.00,
these cases falls under the jurisdiction the
Regional Director. [Art. 129, LCP]
Q: What is the requirement for a Labor Arbiter to
exercise jurisdiction under Art. 224 (former 217)?
A: The following are the rules related to the exercise of
jurisdiction of the Labor Arbiters under Art. 224
(former 217):
1. Existence of employer-employee relationship;
2. Jurisdiction of Labor Arbiters even in the absence
of employer-employee relationship (Sec. 10, RA
8042);
3. “Reasonable Causal Connection” Rule; and
4. The Jurisdiction of Regular courts and Labor
Arbiters;
Q: What are the four-fold test to determine the
existence of an employer-employee relationship?
A: The following are the four-fold tests to determine the
existence of an employer-employee relationship:
1. The manner of selection and hiring of employees;
2. The payment of wages;
3. The power of dismissal or to discipline the
employee; and
4. The power of control in the means and manner of
the employee’s performance.
Q: What is the effect when there is no existence of
employer-employee relationship, and the
employee or worker filed a complaint with the
Labor Arbiter?
A: There should be employer-employee relation in order
for the Labor Arbiter to exercise jurisdiction.
Otherwise, where no employer-employee relationship
exists between the parties, the Labor Code or
Collective Bargaining Agreement does not need to be
resolved and any issue/s raised by them, and the
jurisdiction to hear the same shall be within the
Regional Trial Courts. [Cambridge Electronics Corp.
(GR. No 172927, February 11, 2010), reiterating the
ruling in Pioneer Concrete Phils. Vs. Todaro, 524
SCRA 163]
Q: Can a Labor Arbitrator exercise jurisdiction even in
the absence of an employer-employee
relationship?
A: YES, Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the NLRC shall have
the original and exclusive jurisdiction to hear and
decide, within 90 calendar days after the filing of the
complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or
contract involving Filipino workers for overseas
deployment including claims for actual, moral,
exemplary and other form of damages. [Sec. 10, RA
8042, amended by RA 10022]
 
Q: Can a seafarer, who was prevented from leaving
the port of Manila and refused deployment without
valid reason but whose POEA-approved
employment contract provides that the employer-
employee relationship shall commence only upon
the seafarer’s actual departure from the port of the
point of hire, be entitled to a relief?
A: YES, He is entitled to a relief. Considering that the
seafarer was not able to depart form the airport or
seaport in the point of hire, the employment contract
did not commerce, and therefore, no employer-
employee relationship was created between the
parties. However, there must a distinction made
between the perfection of the employment contract
and the commencement of the employer-employee
relationship. The perfection of the contract, which in
this case coincided with the date of the execution
thereof, occurred when the petitioner seafarer and the
respondent Sharp Crew Management (SCM) agreed
on the object and the cause, as well as the rest of
terms and conditions therein. On the other hand, the
commencement of the employer-employee
relationship would have taken place had petitioner
seafarer been actually deployed from the point of hire.
Therefore, even before the start of any employer-
employee relationship, contemporaneous with the
perfection of the employment contract was the birth
of certain rights and obligations, the breach of which
may give rise to a cause of action against the erring
party.
The act of preventing petitioner seafarer from
departing the port of Manila and the ship constitutes a
breach of contract by Respondent SCM, which gives
rise to Petitioner Seafarer’s cause of action and made
Respondent SCM liable to pay actual damages
suffered by Petitioner seafarer. [Santiago vs. CF
Sharp Crew Management, GR. No. 1621419, July
10, 2007]
Q: What is the meaning of the “Reasonable causal
connection” Rule?
A: It refers to those claims which arise out of or in
connection with the employer-employee relationship,
or some aspect or incident of such relationship. [San
Miguel Corp. vs. NLRC, GR no. 80774, May 31,
1988]
Q: How can the “Reasonable causal connection” Rule
under Art. 224 (formerly 217) be apply in order for a
Labor Arbiter to his exercise jurisdiction?
A: Not every controversy involving workers and their
employers be resolved only by the labor arbiters. This
will be so only if there is a “reasonable causal
connection” between the claim asserted and the
employer-employee relations to put the cause under
the provisions of Art. 224 (formerly 217). Absent of
such link, the complaint will be cognizable to the
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 regular courts of justice in the exercise of their civil
and criminal jurisdiction. [Pepsi Cola Distributors of
the Phils, Inc vs. Galang, GR. No. 89621,
September 24, 1991]
Q: How do you determine whether a case falls under
the jurisdiction of the regular courts or labor
courts?
A: Several jurisprudence explained that a case shall fall
under the jurisdiction of the regular courts if the claim
for damages is the natural consequences flowing from
the breach of an obligation which is intrinsically or
inherently civil in nature. [Quisaba vs. Sta. Ines
Melale (GR no. L-38088, August 30, 1974]. A labor
arbiter may only take cognizance of a case and award
damages where the claim for such damages arises
out of an employer-employee relationship. [Art.
224(a) [formerly 217(a), LCP]
Q: When an employer terminated his employee due to
abandonment and the employee filed a complaint
against them before the Labor Arbiter, can they file
a motion to dismiss due to lack of jurisdiction of
the Labor Arbiter to hear the case?
A: YES, The Employer can file a motion to dismiss the
case due to lack of jurisdiction. In the case of
Singapore Airlines vs. Paño (GR no. L-47739, June
22, 1983), the SC differentiated between
abandonment per se and the manner and consequent
the manner and consequent effect of such
abandonment. The former is a labor case while the
latter is a civil case. When an employer’s claim for
damages is grounded on the “Wanton failure and
refusal” without just cause of the employee to report
for duty despite repeated notices served upon him of
the disapproval of his application for leave of absence
without pay. This, coupled with a further averment
that the employee “maliciously and with bad faith”
violated the terms and conditions of the employment
agreement to the damage of the employer makes this
circumstances falls within the purview of the Civil Law
and not the Labor Code. Therefore, the complaint was
anchored was anchored on the manner and
consequent effects of such abandonment of work
translated in terms of damages which the employer
suffered. It cannot be held to be due to abandonment
per se by the employee of his job because he was not
required in the Complaint to report back. Hence, the
case falls under the jurisdiction of our regular courts
and not under the Labor Arbiters.
Q: When an employee is dismissed from his work,
however he does ask for a reinstatement or
backwages, does the case falls under the
jurisdiction of the Labor Arbiter?
A: NO, the case does not fall under the jurisdiction of the
Labor Arbiter but under the jurisdiction of the regular
courts. The SC held in the case of Quisaba vs. Sta.
 
Ines, Inc. (GR no. L-38088, August 30, 1974) the
such dismissal is grounded on the manner of his
dismissal and the consequent effects of such
dismissal. If the dismissal was done anti-socially or
oppressively, the employer violated Art. 1707 of the
Civil Code which prohibits such acts of oppression by
either capital or labor against the other, as well as Art.
21 of the Civil Codw, which makes a person liable for
damages if he willfully causes loss or injury to another
in a manner that is contrary to morals, good customs
or public policy. Likewise, it should be noted that the
primary relief sought by the employee is for liquidated
damages for breach of contractual obligations. Also,
the other items demanded are not labor benefits
generally demand by workers in a labor dispute such
as payment of wages, overtime compensation or
separation pay. Therefore, the items claimed are the
natural consequences flowing from the breach of an
obligation which is intrinsically a civil dispute. Hence,
the instant case does not fall under the jurisdiction of
the Labor Arbiter but on the regular courts.
Q: When a principal relief is to be granted under the
Labor legislation or CBA, does it fall with the
jurisdiction of the Labor Courts?
A: YES, If a principal relief is to be granted under Labor
legislation or a collective bargaining agreement, the
case should fall within the jurisdiction of the Labor
Arbiter and the NLRC, even though a claim for
damages might be asserted as an incident to such
claim. In such situations, the need to avoid splitting of
jurisdiction arises. [Filipinas Life Assurance Co., Inc.
vs. Bleza, 139 SCRA 565 & San Miguel Corp. vs.
NLRC, GR no. 80774, May 31, 1988]
Q: How should the “arising from the employer-
employee relations” clause under Art. 224
(formerly 217) be applied?
A: It should apply with equal force to the claim of an
employer for acual damages against its dismissed
employee, where the basis for the claim arises from or
is necessarily connected with the fact of termination,
and should be entered as a counterclaim in the illegal
dismissal case. [Portillo vs. Rudolf Lietz, Inc. (GR
no. 196539, October 10, 2012].
Q: When a claim for damages is based on tort, does
the Labor Arbiter have jurisdiction to hear and
decide over it?
A: NO, jurisprudence dictates that regular courts has
jurisdiction wherein the claim for damages is based on
tort or malicious prosecution or of the breach of
contract, as when the claimant seeks to recovery a
debt from a former employee or seeks liquidated
damages in enforcement of a prior employment
contract. It should be noted that the cause of action
for damages where the employer-employee
relationship is incidental and the cause of action
5
 proceeds from a different source of the obligation.
[Portillo vs. Rudolf Lietz, Inc. (GR no. 196539,
October 10, 2012].
Q: What is the jurisdiction of the Labor Arbiter to
award reliefs under the Civil Code?
A: Pursuant to Art. 224(a) [formerly 217(a)] of the Labor
Code, it bestows upon the Labor Arbiter original and
exclusive jurisdiction over claims for damages arising
from employer-employee relations. In other words, the
Labor Arbiter has jurisdiction to award not only the
reliefs provided by labor laws, but also damages
governed by the Civil Code. [Portillo vs. Rudolf Lietz,
Inc. (GR no. 196539, October 10, 2012].
Q: If the claim for the principal relief is essential, does
it fall within the jurisdiction of the Labor Arbiters?
A: It depends, where the principle relief is to be granted
under labor legislation or a collective bargaining
agreement, the case should fall within the jurisdiction
of the Labor Arbiter and the NLRC, even though a
claim for damages might be asserted as an incidental
to such claim. [Filipinas Life Assurance Co., Inc. vs.
Bleza, 139 SCRA 563 (1985)].
Q: What distinguishes a claim for damages that falls
under the jurisdiction of the Labor Arbiters and of
those under the regular courts?
A: Jurisdiction of the Labor Arbiters, under Art. 217
“arising from the employer-employee relations, should
 Creation
apply with equal force to the claim of an employer for
actual damages against its dismissed employee,
where the basis for the claim arises from or is
necessarily connected with the fact of termination,
and should be entered as a counterclaim in the illegal
dismissal case. On the other hand, jurisdiction of the
regular courts applies where employer-employee
relationship is merely incidental and the cause of
action proceeds from a different source of obligation.
Therefore, regular courts has jurisdiction if the claim
 or
  Under
 Corp.
for damages is based on; (a) tort; (b) malicious
  Code
prosecution; or (c) breach of contract. [Portillo vs.
Rudolf, GR no. 196539, October 10, 2012]
Q: Is a Non-compete clause (or Good Will Clause)
issue falls under the jurisdiction of the Labor
 Service
 Law
  Labor
 Code
Arbiter?
A: NO, a “Good Will” clause is a postemployment civil
law matter because it is a contractual undertaking
effective after the cessation of the employment
relationship between the parties. Therefore, a breach
of undertaking is a civil law dispute, not a labor law
case. [Portillo vs. Rudolf, GR no. 196539, October
10, 2012].
Q: Who are corporate officers?
A: Pursuant to Section 25 of the Corporation Code, the
following are corporate officers:
 
(a) President;
(b) Secretary;
(c) Treasurer; and
(d) Such other officers as may be provided for in the
(company) by-laws.
Q: Does the Labor Arbiter have jurisdiction over
dismissal of a General Manager?
A: It depends, According to the case of Marc II
Marketing Inc vs. Joson (GR no. 171993, December
12, 2011), the SC ruled that corporate officers are
those officers of a corporation who are given
character either by the Corporation Code, under Sec.
25 thereof, or by the Corporations by-laws.
Conformity with Section 25 of the Corp. Code, a
position must be expressly mentioned in the by-laws
on order to be considered as a corporate officer. A
careful perusal of petitioner corporations by-laws
revealed that the position of general manager was not
among the enumerated positions considered as a
corporate officer. Therefore, the labor arbiter have
jurisdiction over its dismissal case.
Figure no. ____, Test on whether a GOCC employees
is covered by the Labor Courts or Regular Courts
Test on Whether a Government Owned or Controlled
Corporation (GOCC) employees is subjected to Civil
Service Law or the Labor Code:
GOCC
Charter?
Original
Special
Civil
Q: Does the Labor Code covers the employees of the
National Housing Corporation?
A: YES, Although the National Housing Corporation
(NHC) is a government owned corporation organized
in 1959 in accordance with EO no. 399 and its shares
of stock are and have been 100% owned by the
Government from its incorporation under the former
corporation law. However, it is correct to say that its
employees are subject to the provision of the Labor
6
 Code. In TUPAS vs. NHC (173 SCRA 33), it was held
that the NHA is now within the jurisdiction of the
DOLE, it being a G.O.C.C. without an original charter.
Hence, its workers or employers are covered by the
labor code. [Juco vs. NLRC (GR no. 98107, August
18, 1997)].
Q: Is the Philippine Veterans Bank a private
corporation, if so, are its employees covered by
the Labor Code?
A: YES, the Philippine Veterans Bank is not owned or
controlled by the Government although it does have
an original charter in the form of RA 3518 which
provides that the “operations and changes in the
capital structure of the Veterans Bank, as well as the
other amendments to its articles of incorporation and
by-laws shall be in accordance with the Corporation
Code, the General Banking Act, and other related
laws”. It (Philippine Veterans Bank) clearly does not
fall under the Civil Service and should be regarded as
an ordinary commercial corporation. [Philippine
Veterans Bank Employees Union-NUBE vs.
Philippine Veterans Bank (GR no. 67125, August
24, 1990)].
Q: Is a government subsidiary company falls under
the coverage of the corporation, if so, are its
employees covered by the Labor Code?
A: YES, in the case of National Service Corporation vs.
NLRC (GR no. 69870, November 29, 1988), NASECO
(a subsidiary of NDIC), which is a subsidiary wholly
owned by the PNB, the SC held that the NLRC has
jurisdiction over the employees of NASECO because
it is without an original charter, therefore its
employees are subjected to the provisions of the
Labor Code.
Q: Who are employees that are immune from suit
before the jurisdiction of the Labor Arbiters?
A: The following are immune from suits:
1. Employees of certain international organizations;
2. Employees of ADB [DFA vs. NLRC (GR no.
113191, Sept. 18, 1996]); and
3. Agents or representative of the UN.
Jurisdiction of Labor Arbiter over
Unfair Labor Practices Cases
[Art. 224(a-1) [former 217(a-1)]
Note: See the discussion on Title VI, Book V for
further explanation.
Q: What is Unfair Labor Practice?
A: This refers to any unfair labor practices as expressly
defined by the Code. Furthermore, this refers to those
acts that are expressly defined and provided under
Art. 259 and 260 of the Labor Code.
Q: What is the essence of Unfair Labor Practices?
 
A: It relates to the commission of acts that transgress the
workers’ right to organize. Furthermore, the prohibited
acts must necessarily relate to workers’ right to self-
organization and observance of CBA. [Tunay na
Pagkakaisa ng Manggagawa sa Asia Brewery vs. Asia
Brewery, Inc. (GR no. 162025, August 3, 2010).
Q: What are aspects of Unfair Labor Practices that
are within the jurisdiction of the Labor Arbiter?
A: The civil and administrative aspect of the ULP is within
the jurisdiction of the Labor Arbiters under Art. 258 of
the Labor Code. The said article further provides that
the civil aspects includes claims for actual, moral,
exemplary and other forms of damages, attorney’s
fees and other affirmative relief.
Q: What are other quasi-judicial body which exercise
jurisdiction over ULP cases?
A: The following are the exceptions the LA’s jurisdiction
over ULP cases:
(a) Voluntary Arbitrator or VA Panels can exercise
jurisdiction to hear and decide all other labor
disputes, including ULP, upon agreement of the
parties (Art. 275 former 262); and
(b) Those cases (which may refer to ULP) that are
subsumed or absorbed in national interests cases
via Assumption of Jurisdiction by the Secretary of
Labor or by the President of the Philippines. (Art.
278(g) [263(g)]
Jurisdiction of Labor Arbiter
over Termination Dispute:
[Art. 224(a-2) [former 217(a-2)]
Q: What is a termination dispute?
A: It refers to the dismissal from employment, the legality
of which is being contested by an employee. The
dismissal may be permanent severance or complete
separation of the worker from the service on the
initiative of the employer regardless of the reasons
therefor. [Jo Cinema Corporation vs. Abellana (GR
no. 132837, June 28, 2001)].
Q: What are the exceptions for Labor Arbiters to have
jurisdiction over termination dispute?
A: These are the following:
1. Jurisdiction over other labor disputes of the
voluntary arbiter or panel of voluntary arbiters
upon agreement of the parties under Art. 275
(262) of the Labor Code;
2. Those cases (which may refer to termination
disputes) that are submitted or absorbed I
national interests cases (known as the
assumption of jurisdiction of the SOLE or
President) under Art. 278 (g) (263(g)) of the Labor
Code.
7
Q: Is a termination dispute a grievable issue that can
be resolved by the Voluntary Arbiter?
A: As a rule, termination dispute falls under the original
and exclusive jurisdiction of the Labor Arbiter.
However, Art. 225(c) (former 217(c)), the opening
phrase provides “Except as provided under this Code
x x x “ should be read in conjunction with Art. 274
(former 261) of the Labor Code which grants to
voluntary arbitrators original and exclusive jurisdiction
to hear and decide all unresolved grievances arising
from the interpretation or implementation of the CBA
and those arising from the interpretation and
enforcement of company personnel services.
[Maneja vs. NLRC (GR no. 124013, June 5, 1998]
Money claims within the original and
exclusive jurisdiction of labor arbiters
[Art. 224(a-3 & a-6) [former 217(a-3 & a-6)]
Q: What are money claims that are within the
jurisdiction of the Labor Arbiter?
A: These are the following:
1. Money claims arising from employer-employee
relations;
2. Money claims filed by workers involving wages,
rates of pay, hours of work and other terms and
conditions of employment, if accompanied with a
claim for reinstatement;
3. Money claim exceeding Php 5,000.00 regardless
whether accompanied with a claim for
reinstatement or it arising out of an illegal
dismissal case; and
4. Money claims under Sec. 10 of the Migrant
Workers Act (RA 80042, amended by RA 10022),
the claims arising out of:
a. An employer-employee relationship; or
b. By virtue of any law; or
c. Contract involving Filipino workers for
overseas employment;
d. Including claims for actual, moral,
exemplary and other forms of damages.
Claims for Damages
[Art. 224(a-4) (former 217(a-4)]
Q: What covers claims for damages under the original
and exclusive jurisdiction of the Labor Arbiter?
A: The aforesaid article (224[a-4]) clearly pertains to
claims for damages arising from employer-employee
relations. Moreover, the Labor Arbiter has jurisdiction
to award not only the reliefs provided by labor laws,
but also damages governed by the Civil Code.
[Portillo vs. Rudolf Lietz, Inc. (GR no.196539,
October 10, 2012]
Violations of Art. 279 (former 264),
Involving legality of strikes and lockouts
[Art. 224(a-5) (former 217 (a-5)]
 
Q: What is Art. 279 (former 264)?
A: This article pertains to prohibited activities conducted
by the parties during strike or lockout.
[See discussions on Title VIII, Chapter 1, Art. 279, LCP
for further explanations]
Q: What are strikes or lockouts that falls under the
original and exclusive jurisdiction of the Labor
Arbiter?
A: The strikes and lockouts here are those not involving
strikes or lockouts in industries which are
indispensable to national interest (which follows the
Assumption of Jurisdiction of the DOLE Secretary) or
the national interest cases under Art. 278(g) [former
263(g)] LCP.
Wage distortion disputes
in unorganized establishments
Q: Who has jurisdiction to resolve wage distortion
disputes when there is no CBA or recognized labor
union?
A: In cases where there are no CBA or recognized labor
union, the employers and workers shall endeavor to
correct such distortions. Any dispute arising therefrom
shall be settled through the NCMB, and if it remains
unresolved after 10 calendar days of conciliation, it
shall be referred to the appropriate branch of the
NLRC. [Art. 124, par.5, LCP]
Proceedings before the Labor Arbiter
Q: What the nature of the proceedings in cases
before the Labor Arbiter?
A: The proceedings are non-litigious in nature that the
technicalities of law, procedure and the rules of courts
are not strictly applied, provided that it complies to
the requirements of due process. The Labor Arbiter
may avail himself all the reasonable means to
ascertain the facts of the controversy speedily,
including ocular inspection and examination of well-
informed person. [Rule V, sec. 2, NLRC Rules of
Procedure]
Q: What are prohibited pleadings and motions before
the Labor Arbiter?
A: The following pleadings and motions shall not be
allowed and acted upon nor elevated to the NLRC:
(a) Motion to dismiss (EXPN: ground is for lack of
jurisdiction over the subject matter, improper
venue, res judicata, prescription and forum
shopping)
(b) Motion for a bill of particulars;
(c) Motion for new trial;
(d) Petition for relief of judgment;
(e) Motion to declare respondent in default;
8
 (f) Motion for reconsideration of any decision or acquire jurisdiction over of the said respondents.
order of the Labor Arbiter; [Rule V, Sec. 11, NLRC Rules of Procedure]
(g) Appeal from any interlocutory order of the Labor
Arbiter, such as but not limited to; an order: Figure no: ___, Nature of the proceedings before the
a. Denying a motion to dismiss; LA:
b. Denying a motion to inhibit;
c. Denying a motion for issuance of writ of
execution; or
Filing
 of
 a
 Compliant/Petition
 
d. Denying a motion to quash writ of Filing
 should
 be
 before
 the
 NLRC
 in
 the
 region
 or
 area
  After
 Niling,
 both
 parties
 are
 schedule
 for
 2
 SEnA
 
execution where
 the
 company
 operates
  conference
 (mandatory
 conciliation
 &
 mediation)
 

(h) Appeal from the issuance of a certificate of finality

of decision by the Labor Arbiter;
(i) Appeal from orders issued by the Labor Arbiter in
the course of the execution proceedings; and
(j) Such other pleadings, motions and petitions of Appearance  before  the  SEnA  
similar nature intended to circumvent provisions. if  both  parties  failed  to  settle,  the   Non-­‐Appearance:    
complainant/petitioner  shall  be  
If  both  parties  appear,  the  Med-­‐ allowed  to  Nile  a  complaint  before  the   •  Petitioner  -­‐  Complaint  shall  be  
Arbiter  shall  try  to  settle  the  parties.   dismissed  if  he  did  not  appeared  
LA,  and  the  respondent  is  allowed  to  
Q: When can you file a Motion to Dismiss? submit  his  Answer/Defense   after  2  SenA  despite  due  notice  
•  Respondent  -­‐  If  no  appearance  for  
A: Before the date set for the mandatory conciliation and 2  SeNa  despite  due  notice,  he  
waived  his  right  to  Nile  a  position  

mediation conference (also known as SEnA paper  

conference), the respondent may file a motion to

dismiss the compliant (due to lack of jurisdiction over Submission  of  Position  Papers  
the subject matter, improver venue, res judicata, position  papers  covers  only  those  
prescription and forum shopping). [Rule V, Sec. 6, Simultaneuos  submittion  by  the  
parties  within  10  calendar  days  after   No  Amendment  is  allowed  to  be  Nile  
claims  and  causes  of  actions  stated  in  
the  complaint,  including  supporting  
NLRC Rules of Procedure] SEnA   document,  excluding  those  
ammicably  settled  

Q: What is the effect when the petitioner or

complainant failed to appear?
A: If the petitioner or complainant failed to appear during Submission  for  Decision  
the 2 settings for mandatory conciliations and
mediation conference scheduled despite due notice, After  submision  of  the  position  papers/replies  by  the  parties  or  the  laspse  of  time,  the  case  shall  be  deemed  submitted  
his or her non-appearance shall be a ground for the for  decision  before  the  Labor  Arbiter  

dismissal of the case without prejudice. [Rule V, Sec.

10, NLRC Rules of Procedure]

Q: What is the effect when the respondent failed to

appear?
Decision  of  the  Labor  Arbiter  
A: If the respondent did not appear during the 1st 90  days  for  OFW  cases  
Finality  of  LA's  Decision  -­‐  
No  appeal  Niled  with  the  
30  days  period  to  decide   LA  shall  Issue  a  certiNied  of  
scheduled conference, the 2nd schedule conference only  
under  Sec.  10  of  Migrant  
Workers  Act  
Regional  Arbitration  
Branch  of  origin  
Finality  

shall proceed. On the other hand, if the respondent

still did not appear at the 2nd conference despite due
notice, he shall be considered to have waived his right
Powers of the Commission
to file position and the LA shall immediately terminate
[Art. 225 (formerly Art. 218)]
the mandatory conciliation and mediation conference
and shall direct the petitioner/complainant to file a
Q: What are the powers of the National Labor
verified position paper and submit his supporting
Relations Comissions?
evidence thereupon and the LA shall render his
A: These are the following:
decision on the basis of the evidence on record. [Rule
(a) Rule-making power;
V, Sec. 10, NLRC Rules of Procedure]
(b) Power to issue compulsory processes;
(c) Power to investigate matters and hear disputes
Q: When can you file an amendment of the
within its jurisdiction;
complaint/petition?
(d) Power of contempt (direct or indirect); and
A: An amended complaint or petition may be filed before
(e) Power to issue injunction and temporary
the LA at anytime before the filing of the position
restraining order
paper, with proof of service of a copy thereof to the
opposing party or parties. However, if such
Rule-making Power of the Commission
amendment involves impleading additional
[Art. 225(a) (formerly Art. 218(a)]
respondent/s, a service of summons is necessary to

  9
 
Q: What is the scope of the rule-making power of the
NLRC?
A: To promulgate rules and regulations governing:
(1) The hearing and the disposition of the cases
before it and its regional branches;
(2) As well as those pertaining to its internal
functions; and
(3) Such rules and regulations as may be necessary
to carry out the purpose of this Code.
Power to issue compulsory processes
[Art. 225(b) (formerly Art. 218(b)]
Q: What is the scope of the NLRC’s power to issue
compulsory processes?
A: These are the followings:
(a) To administer oaths;
(b) Summon the parties in the controversy;
(c) Issue subpoenas requiring the attendance and
testimonies of witnesses; or
(d) Issue subpeonas requiring the production of
documents
Power to investigate matters and hear disputes
within its jurisdiction
[Art. 225(c) (formerly Art. 218(b)]
Q: What is the scope of the NLRC’s power to
investigate matters and hear disputes within its
jurisdiction?
A: These are the followings:
(1) To conduct investigation for the determination of
a question, matter or controversy wuthin its
juridiction;
(2) Proceed to hear and determine the disputes in the
absence of any party thereto who has been
summoned or served with notice to appear;
(3) Conduct its proceedings or any party thereof in
public or in private;
(4) Adjourns its hearing to any time and place;
(5) Refer technical matters or accounts to an expert
and to accept his reports as evidence after
hearing of the parties upon due notice;
(6) Direct parties to be joined in or excluded from the
proceedings;
(7) Correct,amend, or waive any error, defect or
irregularity whether in substance or in form;
(8) Give all such direction as it may deem necessary
or expedient in the determination of the dispute
before it; and
(9) Dismiss any matter or refrain from futher hearing
or from determining the dispute or part thereof,
where it is trivial or where further proceedings by
the Commission are not necessary or desirable.
Power of (direct or indirect Contempt
[Art. 225(d) (formerly Art. 218(d)]
 
Q: What constitutes Direct Contempt?
A: The following constitutes direct contempt:
(a) A person guilty of misbehavior in the presence of
so or near the Chairman or any member of the
Commission or any Labor Arbiter as to obstructs
or interrupts the proceedings before the same;
(b) Disrespect toward said officials, offensive
personalities toward others, or refusal to be
sworn, or to answer as a witness or to subscribe
an affidavit or deposition when lawfully required
to do so.
Q: What is the penalty provided for direct contempt?
A: These are the following:
• If committed before the Commission or a
member thereof à A fine not exceeding (Php
500.00) or imprisonment not exceeding 5 days, or
both.
• If committed before the Labor Arbiter à A fine
not exceeding Php 100.00 or imprisonment not
exceeding 1 day, or both.
Q: What is the remedy of the person subject to direct
contempt adjudged by the Labor Arbiter?
A: He may appeal to the Commissioner and the
execution of the judgment shall be suspended
pending the resolution of the appeal upon the filing
upon the filing by such person of a bond on condition
that he will abide by and perform the judgment of the
Commission should the appeal be decided against
him.
Q: What is the effect of NLRC’s judgment on direct
contempt?
A: Judgment of the Commission on direct contempt is
immediately final, executory and unappealable.
Q: Who renders judgment on Indirect Contempt?
A: Indirect contempt shall be dealth with by the
Commissioner or the Labor Arbiter in the manner
prescribed under Rule 71 of the Revised Rules of
Court.
Power to issue injunction and
temporary restraining order
[Art. 225(e) (formerly Art. 218(e)]
Q: What are the kinds of injunction that the NLRC
issues?
A: These are the following:
(a) Temporary/Permanent Prohibitory Injunction
(b) Temporary/Permanent Mandatory Injunction
Q: What is the purpose of issuing a
Temporary/Permanent Prohibitory Injunction?
A: To enjoin or restrain any actual or threatened
commission of any or all prohibited or unlawful acts
which, if not restrained may cause grave or irreparable
10
 damage to any party or render ineefectual any
decision in favor of such party.
Q: What is the purpose of issuing
Temporary/Permanent Mandatory Injunction?
A: To require the performance of a particular act in any
labor dispute which, if not performed forthwith, may
cause grave or irreparable damage to any party or
render ineffectual any decision in favor of such party.
Q: What are the requisites for the issuance of
temporary or permanent injunction?
A: These are the following:
(1) After hearing the testimonies of witnesses, with
opportunity for cross-examination, in support of
the allegations of a complaint made under oath,
and testimony in opposition thereto (if offered);
and
(2) After a finding of fact by the Commissioner, to the
effect:
a. That prohibited or unlawful acts have been
threatened and will be committed and will be
continued unless restrained, but no injunction
or temporary restraining order shall be issued
on account of any threat, prohibited or
unlawful act, except against the person/s,
association or organization making the threat
or committing the prohibited or unlawful act
or actually authorizing or ratifying the same
after actual knowledge thereof;
b. That substantial and irreparable injury to
complainant’s propoerty will follow;
c. That as to each item or relief to be granted,
greater injury will be inflicted upon
complainant by the denial of relief than will be
inflicted upon defendants by the granting of
relief;
d. That complainant has no adequate remedy at
law; and
e. That the public officers charged with the duty
to protect complainant’s property are unable
or unwilling to furnish adequate protection.
Q: What is the effectivity of TRO?
A: Not longer than 20 days.
Ocular Inspection
[Art. 226 (formerly 219)]
Q: Who conducts the ocular inspection?
A: These are the following persons:
(a) The Chairman;
(b) Any Commissioner;
(c) Any Labor Arbiter; or
(d) Any duly authorized represetives thereof
Q: When is the Ocular Inspection conducted?
 
A: At any time during working hours an ocular inspection
can be conducted.
a Q: Where can the Ocular Inspection be conducted?
A: It can be conducted on any establishment, building,
ship or vessel, place or premises, including any work,
material, implement, machinery, appliance or any
object therein,and ask any employee, laborer, or any
person, as the case may be, for any information or
data concerning any matter or question relative to the
object of the investigation.
Technical Rules not Binding and Prior Resort to
Amicable Settlement
[Art. 227 (formerly 221)]
Q: In a labor proceeding, can the technical rules of
evidence being practiced and applied in ordinary
courts be strictly applied in the proceedings
before the NLRC?
A: NO, in any proceedings before the NLRC or any of the
Labor Arbiters, the rules of evidence prevailing in
courts of law or equity shall not be controlling. The
NLRC and the Las shall use every and all reasonable
means to ascertain the facts in each case speedily
and objectively and without regard to technicalities of
law or procedure, all in the interest of due process.
Q: Does the NLRC Commissioner or Labor Arbiter
has complete control in every labor proceedings?
A: YES, In any proceeding before the NLRC or Las, the
parties may be represented by legal counsel but it
shall be duty of the Chairman, Presiding
Commissioner or LA t exercise complete control of
the proceedings at all stages.
Q: Is the non-applicability of technical rules violates
the rights of the employer against unreasonable or
unjustified claims?
A: NO, The Las and the NLRC are mandated to use every
and all reasonable means to ascertain the facts in
each case speedily and objectively, without to
technicalities of the law or procedure. Nevertheless,
though technical rules of procedure are not ends in
themselves, they are necessary for an effective and
expeditious administration of justice. The non-
applicability if technical rules of procedure in labor
cases should be made a license to disregard the
rights of employers against unreasonable and/or
unjustified claims. The expeditious disposition of labor
cases is andated not only for the benefit of the
employees, but of the employers as well. [Azuelo vs.
ZAMECO II (GR no. 192573, October 22, 2014)]
Q: Are handwritten listings, unsigned and
unauthenticated computer printouts admissible as
evidence before any labor courts?
11
A: NO, A handwritten listing and unsigned computer person/s he represent are
members of their org.
printouts were unauthenticated, hence, unreliable.
which is existing in the
Mere self-serving evidence (of which the listings and emplooyer’s establishment.
printouts are of that nature) shouled be rejected as Legal Aid Member 1. Proof of his accreditation;
evidence without any rational probative value even and
administrative proceedings. While the rules of 2. Represents a party to the
case
evidence prevailing in the courts of law or equity are 1. Verified certification
Company Owner,
not controlling in proceedings before the NLRC, the attesting that he is
President, or
evidence presented before it must have at least have authorized to represent;
Authorized and
a modicum of adminissibility for it to be given some
representatives 2. Copy of the board
probative value. [PLDT Company vs. Tiamson (GR resolution granting him
no. 164684-85, November 11, 2005)] such authority.

Appearances and Fees Q: How appearances are made?

[Art. 228 (former Art. 222)] A: Appearances may be made orally or in writing. In both
cases, the complete name and office address of both
Q: Who are allowed to appear before the NLRC? parties shall be made on record and the adverse party
A: These are the following: or his counsel or representative properly be notified.
(a) A Lawyer appearing for a party;
(b) A non-lawyer: Q: What is the prohibition on charging Attorney’s fee
a. Representing Himself as party to the case; or negotiation fees arising from CBA?
b. Representing a legitimate labor organization A: No attorney’s fees, negotiation fees or any similar
defined under Art. 212 (now 219) & 242 (now charges of any kind arising from any CBA shall be
251) of the Labor Code, which is a party to the imposed on any individual member of the contracting
case; union. [Art. 228(b)]
c. Representing a member/s of a legitimate labor
organization that is existing within the Q: Where can you charge the attorney’s fees arising
employer’s establishment, who are the parties from CBA?
to the case; A: It may be charged against the union’s funds in an
d. Duly-accredited member of any legal aid office amount to be agreed upon by the parties. [Art. 228(b)]
recognized by the DOJ or IBP;
e. Who is the Owner, President, or any authorized Q: What is the effect when there exist a contract that
person of a corporation or establishment which charges attorney’s fee arising from CBA?
is a party to the case. A: The said contract shall be null and void being contrary
to law.
Table no. _____, Requirements for Appearances:
Representative: Requirements: Table no. ____, Distinction between Art. 228(b) and
Lawyer (presumed) 1. Atty.’s Roll number; Art. 111 of the Labor Code regarding Attorney’s
2. PTR and IBP current Fees
year number; and
Art. 228(b) Art. 111
3. MCLE Compliance
None Prohibits the payment of Provides a 10% as the
Party Himself
1. BLR or RD-DOLE
attorney’s fees to be amount to be charged to be
Legitimate Labor
Certification attesting that imosed on individual awarded for the winning
organization
the organization He member of the party.
defined under Art. represents is duly registered contracting union.
212 (now 219) & and listed in the rosters of
legitimate labor org.; Prohibition being Provided in cases of
242 (now 251)
2. Verified certification of imposed on individual unlawful withholding of
Labor code
Non-Lawyers

authorization to represent member of the wages

issued by the Secretary and contracting union arising
attested by the President of
the said organization; and from any CBA.
3. Copy of the Board Prohibition is only Attorney’s fees are
Resolution granting him efected through forced indemnity for damages
such authority
contributions from the ordered by the court to be
Legitimate Labor 1. Verified certificated to
represent such workers from their own paid by the losing party to
Organization funds as distinguished the winning party.
member/members; and
exisitng within the 2. Verified certification issued from the union funds.
employer’s by the secretary and
establishment attested by the president of
said org. stating that the Chapter 3
  12  
 Appeal [Art. 232 (former 226)]
[Art. 229(former 223) to Art. 231 (former 225)]
Q: What is the original and exclusive jurisdiction of
Appeal the BLR and Labor Relations Divisions (LRD)?
[Art. 229 (former 223)] A: The BLR and the LRD in the regional offices of DOLE,
shall have original and exclusive authority to act, at
Q: ________ their own initiaitive or upon request of either or both
partien, on:
Execution of Decisions, Orders or Awards (a) All inter-union and intra-union conflicts; and
[Art. 230 (former 224)] (b) All disputes, grievances or problems arising from
or affecting labor-management relations in all
Figure no. ____, Who, When and How re: execution of workplaces, whether agricultural or non-
decisions, order or awards agricultural.
How  issued?  
•  Motu  Proprio  
•  Motion  of  the  interested  
Q: What the units in the LRD and what are its
party:  
functions?
Who?   When?  
A: The 2 units of the LRD and its functions are:
•  DOLE  Secretary   •  5  years  from  the  date  it  
becomes  Ninal  &  
1. Labor Organization and CBA Registration Unit
•  Regional  DIRECTOR  
•  NLRC  Commissioner   executory  
– it is in charge of processing the applications for
•  Labor  Arbiter  
•  Med-­‐Arbiter   registration of independent unions, chartered
•  Voluntary  Arbiter  
locals, workers associations and CBAs, mainiting
Execution  of   said records and all other reports and incidents
Decisions,   pertaining to labor organizations and wrokers’
Orders  or   associations;
Awards  
2. Med-Arbitration Unit in the Regional Officer –
It conducts hearings and decides certification
election or representation cases, inter/intra union
Q: What is the purpose of having a writ of execution? and other related labor relations disputes. [Sec.
A: It is to require the sheriff or a duly deputized officer to 1(ee), Rule 1, Book V, LCP-IRR]
execute or enforce the final decisions, orders or
awards of the DOLE Secretary or regional direction, Q: What is a Med-Arbiter?
the Commission, Labor Arbiter or Med-Arbiter, or A: A Med-Arbiter refers to :
voluntary arbitors. 1. An officer in the Regional Office or in the Bureau;
2. Authroized to hear and decide:
Q: When can the DOLE Secretary or NLRC Chairman a. Representation cases;
designate a special sheriff and take any measures b. Inter/intra-union disputes; and
thereof? c. Other related labor relations disputes,
A: The DOLE Secretary, and NLRC Chairman may except cancellation of union registration
designate special sheriffs and take any measure cases
under the existing laws to ensure compliance with
their decisions.orders or awards, and those of the Q: What are cases that falls within the jurisdiction of
Labor Arbiters and voluntrary arbitrators, including the the Med-Arbiter?
imposition of administrative fines which shall not be A: These are the following cases:
less than Php. 500.00 nor more than Php. 10,000.00 1. Representation (Inter-Union) cases:
a. Certification/Consent Election
Contempt Powers of the Secretary of Labor b. Run-Off Election;
[Art. 231 (former 225)] c. Re-Run Election;
d. The referral of the request for SEBA
Note: In the exercise of his powers under this Code, the certification to th election officer;
DOLE Secretary mau hold any person in direct and e. Request for SEBA Certification in
indirect contempt and impost the appropriate organized establishment, for the
penalties therefor. determination of the propriety of
conducting a certification election
Title III 2. Inter/intra-union disputes and other related labor
BUREAU OF LABOR RELATIONS disutes, except cancellation of union registration
(Arts 232 [formerly 226] to 239 [formerly 233] cases;
3. Actions arising from Art. 250 (241) à Any
Bureau of Labor Relations complaint or petition with allegations of

  13  
 mishandling, misappropriation or non-accounting
of funds in violation of Art. 250 (241) shall be Q: What is a “Intra-Union Dispute”?
treated as an intra-union dispute. It shall be heard A: It refers to any conflict between and among union
and resolved by the Med-Arbiter. members, including grievances arising from any
violation of the rights and conditions of membership,
Table no. ____, Jurisidictional Authority of Regional violations of or disagreement over any provision of the
Directors and BLR on inter/intra union and union’s constitution and by-laws, or disputes arising
registration related cases: from chartering pr affiliation of union. [Sec. 1(cc), Rule
Jurisdictional Authority 1, Book V, LCP-IRR]
Regional Directors Bureau of
Labor Relations Q: What covers Inter/Intra union disputes?
Inter/Intra Complaints or Complaints or A: Inter/Intra Union disputes includes:
Union petitions involving petitions involving (a) Cancellation of registraton of a labor organization
federations, national
Disputes labor unions with filed by its members or by another labor
or industry unions,
independent organization;
trade union centers
registrations, charted and their chartered (b) Condict of election of union and workers’
locals, workers’ locals, affiliates or association officers/nullification of election of
associations, its members
union and workers’ associatio officers;
officers or members organizations
(c) Audit/accounts examination of union or workers’
Disputes over • Terms of the officer of Federations,
the labor organization association funds;
conduct of national or
have expired and its (d) Deregistration of collective bargaining
election of officers failed or industrial unions,
agreements;
officers neglecteed to do so trade union
(e) Validity/invalidity of union affiliation or
call for an election of centers
new officers; disaffiliation;
• Labor organization’s (f) Validity/invalidity of acceptance/non-acceptance
constitution and by- for union membership;
laws do not provide for
the manner by which (g) Validity/invalidity of SEBA Certification;
the said election can (h) Oppositions of disagreements over any provision
be called or conducted in a union or workers’ association constitution
and the intervention of and by-laws;
DOLE is necessary
(i) Disagreements over chartering or registration of
• Requirement to file
the petition: At least
labor organizations and CBAs;
30% of themembers (j) Violaitons of the rights andconditions of union or
of the labor workers’ association membership;
organization (k) Such other disputes or conflicts involving the
Request for
Visitorial Request for rights to self-organization, union membership and
Powers examination of examination of
collective bargaining:
books of accounts
(under Art. books of accounts
of federations or
a. Between and amoing legitimate labor
289, LCP)of independent organizations;
national unions
labor unions, b. Between and among members of a union
and trade union
chartered locals centers. or workers’ association
and workers’
associations Q: What covers “other related labor relations
Registration of Labor Organization disputes”?
Application • independent labor • Federations, A: it shall includes the following:
for unions, • national or (a) Any conflict between:
registration • chartered locals industrial a. A labor union and the employer; or
Cancellation and unions, b. A labor union and a group that is not a
of • workers’ • trade union labor organization; or
Registration associations centers c. A labor union and an individual who is not
Deregistration a member of such union
(b) Cancellation of registration of unions and workers
Q: What is a “Inter-Union Dispute”? association filed by individual/s other than its
A: It is any conflict between and among legitimate labor members, or group that is not a labor
unions involving representation questions for organization; and
purposes of collective bargaining or to any other (c) A petition for interpleader involving labor relations.
conflict or dispute between legitimate labor unions.
[Sec. 1 (y), Rule 1, Book V, LCP-IRR] Compromise Agreements

  14
 
 [Art. 233 (former 227)]
Q: What is a compromised agreement?
A: It is a contract whereby a parties, by making a
reciprocal concessions, avoid a litigation or put an
end to one already commenced. It is a greement by
two or more persons, who, for preventing or putting
an end to a lawsuit, adjust their difficulties by mutual
consent in the manner which they agree on, and
which everyone of them prefers to the hope of
gaining, balanced by the danger of losing. [David vs.
CA (GR no. 97240, October 16, 1992)]
Q: What is the effect of a compromised agreement?
A: It shall be final and binding upon the parties.
Q: When can the Labor Arbiter assume jurisdiction
over compromise agreement?
A: When there is non-compliance by any of the parties,
the LA shall exclusive and original jurisdiction to hear
and decide on the enforcement of such compromise
agreement.
Q: When can a compromise agreement be
considered valid?
A: It must not be contrary to law, morals, good customs
and public policy; and must have been freely and
inteligently executed by and between the parties.
Also, a compromise agreement is valid as long as the
consideration is reasonable and the employee signed
the waiver voluntarily, with a full understanding of
what he was entering into. [Magbanua vs. Uy (497
Phil. 511) and Eurotech Hair Systems vs. Go (532
Phil. 317)]
Q: What are the requisites for a valid quitclaim?
A: The requisites are:
(1) The there is no fraud or deceit on the part of any
of the parties;
(2) That the consideration for the quitclaim is credible
and reasonable; and
(3) That the contract is not contrary to law, public
order, public policy, morals or good customs or
prejudicial to a 3rd person with a right recognized
by law. [PNB vs. Dalmacio (GR no. 202308, July
5, 2017)]
Mandatory Conciliation and Endorsment of Cases
[Art. 234 (former 228)]
Note: Art. 234 of the Labor Code has been repealed
by RA 10396 and DOLE Dept. Order no. 151-15
known as SEnA (Single Entry Approach)
Q: What is the “Single Entry Approach” or SEnA?
A: It refers to the administrative approach to provide an
accessible, speedy, impartial and inexpensive
settlement procedure of all labor and
 
employmentissues through a 30-day mandatory and
conciliation-mediation. [Sec. 4(k), DOLE Dept. Order
no. 151-15]
Q: What is the purpose of SEnA?
A: It is to reconcile and settle the parties before their
dispute shall ripen into a full blown case.
Q: What are issues the are not subject to the 30-day
mandatory conciliation-mediation (SEnA)?
A: These are the following issues:
(a) Notices of Strikes/Lockouts or preventive
mediation cases with the NCMB;
(b) Interpretation or implementation of the CBA and
company personnel policies which should be
processed through the grievance machinery;
(c) Applications for exemption from Wage Orders
with the NWPC;
(d) Violations of:
a. Alien Employment Permit;
b. Private Employment Agency authority or
license;
c. Working Child Permits and violatons of the
Anti-Child Labor Law;
d. Registration under DO 174;
e. Professional license issued by the PRC and
violation of the Professional Code of
Conduct;
f. TESDA Accreditations; and
g. Other similar permits, licenses or
registrations issued by the DOLE or its
attached agencies;
(e) Violations of the POEA Rules and Regulations
involving:
a. Serious offenses and offenses penalized with
cancellation of license;
b. Disciplinary ations against overseas
workers/seafarers which are considered
serious offenses or which carry the penalty
of delisting from the POEA registry at first
offenses;
c. Complaints initiated by the POEA;complaints
against the agency whose license is revoked,
cancelled, expired or otherwise delisted; and
d. Complaints categorized under the POEA
Rules and Regulations as not subject to
SEnA
(f) Issues of occupational safety and health
standards involving:
a. Imminent danger situation;
b. Dangerous occurrences/disabling injury; and
c. Absence of personal protective equipment
Issuance of Subpeonas
[Art. 235 (former 229)]
The BLR shall have the power to require the appearance
of any person or the production of any paper,
15
 document or matter relevant to a labor dispute under
its jurisdiction, either at the request of any interested
party or at its own initiative.
Appointment of Bureau Personnel
[Art. 236 (former 230)]
The DOLE Sectary may appoint (in addition to the
present personnel of the BLR and the Industrial
Relations Divisions) such number of examiners and
other assistants as may be necessary to carry out the
purpose of the Labor Code.
Registry of Unions and File of Collective Bargaining
Agreements
[Art. 237 (former 231)]
Q: What is the administrative functions of the BLR and
Labor Relations Divisions?
A: They have the duty to:
(a) To keep a registry of legitimate labor organization;
(b) To maintain a file of all CBA and other related
agreements and records of settlement of labor
disputes and copies of orders and decisions of
voluntary arbitrators; and
(c) To maintain a file and undertake or assist in the
publication of all final decisinos, orders and
awards, of the DOLE Secretary, Regional
Directors, and the Commission.
Q: What is the period to register a CBA?
A: Within 30 days from the execution of a CBA, the
parties shall submit copies of the same directly to the
BLR or the Regional Offices of DOLEfor registration,
accompanied with verified proofs of its posting in 2
conspicuous places in the place of work and
ratification by majority of all the workers in the
bargaining unit.
Prohibition on Certification Election
[Art. 238 (former 232)]
Q: What is a Contract Bar Rule?
A: It is understand that “No petition questioning the
majority status of the incumbent SEBA or petition for
certification election may be filed outside of the
Freedom Period of any Existing CBA”
Q: What is duty of the BLR in a Contract Bar Rule and
how it is applied?
A: The BLR shall not entertain any petition for
certification election or any other action which may
disturb the administration of duly registered existing
CBA affecting the parties. For contract bar rule to
apply, the law requires that the existing CBA affecting
the parties must be duly registered.
Q: What is the Exception to the Contract Bar Rule?
 
A: The Contract Bar Rule shall not apply to the freedom
period (60-day period prior to the existence of the
CBA) referred in Art. 264, 265 and 268.
Q: Can the employer suspend the negotiation
because of a mere filing or a pending petition for
certification election?
A: NO, The mere filing of a petition for certification
election does not ipso facto justify the suspension of
negotiation by the employer. The petition must be
filed during the 60-day freedom period. The “Contract
Bar Rule” provides that “If a CBA has petition for
certification election or a motion for intervention can
only be entertained within 60-days prior to the expiry
date of such agreement”. No petition for certification
election for any representation issue may be filed after
the lapse of the 60-day feedom period. The old CBA
is extended until a new one is signed. The rule is that
despite the lapse of the formal effectivity of the CBA,
the law still considers the same as continuing in force
and effect until a new CBA shall been validly
executed. Hence, the contract bar rule applies to
ensure stability in the relationship of workers and the
company by preventing frequent modificatoins of any
CBA earlier entered into them in good faith and for the
stipulated original period. [Colegio de San Juan de
Letran vs. Associtation of Emplloyees and Faculty
of Letran (GR no. 141471, Sept. 18, 2000)]
Q: Can the contract bar rule applies during a hold-
over (Art. 264)?
A: Yes, If the CBA has expired and the SEBA Union and
Employer had not concluded a new CBA, The
Contract Bar rule still applies. Art. 264 states that it
shall be the the duty of both parties to keep the status
quo and to continue in full force and effect in full force
and effect the terms and conditions of the existing
agreement during the 60-day period and/or until a
new agreement is reached by the parties. Despite the
lapse if the formal effectivity of the CBA the law still
considers the same as continuing in fore and effect
until a new CBA shall have been validly executed.
[National Congress of Unions in the Sugar Industry
vs. Ferrer-calleja (GR no. 89609, January 27, 1992)]
Privileged Communication
[Art. 239 (former 233)]
Q: What is the nature of information and statements
made at conciliation proceedings?
A: It shall be treated as privileged communication.
Q: What are the effects of the information or
statements is treated as privileged
communication?
A: The effects are:
(a) It shall not be used as evidence in the NLRC;
16
 (b) Conciliators and similar officials shall not testify in (d) If the applicant union has been in existence for
any court or body regarding any matters taken up one or more years, copies of its annual financial
at conciliation proceedings conducted by them. reports; and
(e) 4 copies of the constitution and by-laws of the
Title IV applicant union, minutes of its adoption or
LABOR ORGANIZATIONS ratification, and the list of the members who
(Arts. 240 [former 234] to Art. 252 [former 242-A]) participated in it.

Chapter 1 Registration of Labor Organization Process

Registration and Cancellation
[Art. 240 (former 234) to Art. 249 (former 240)] Table no: __, Venue to files the Labor Organization’s
application for registration:
Requirements of Registration Independent Unions, Federations, National
[Art. 240 (former 234)] Chartered Locals, Unions or Workers’s
Workers’ Associations association operating in
Q: What is the meaning of “Registration”? more than one region
A: It refers to the process of determining whether the It shall be filed with the It shall be filed with the
application for registration of a union or workers’ Regional Office where the BLR or at the Regional
association and collective bargaining agreement applicant principally Offices.
complies with the documentaty requirements for operates.
registration prescribed in Rules III, IV, and XVII of It shall be processed by It shall be processed by
these rules [Sec. 1(rr), Rule 1, Book V, LCP-IRR] the Labor Relations the BLR in accordance
Division at the Regional with Secs. 2-B and 2-D,
Figure no. ___, Effects of registration of labor Office in accordance with Rule III, Book V, LCP-IRR
organization: Secs. 2-A, 2-C, and 2-E,
Rule III, Book V, LCP-IRR
National  
Union  or   Trade  Union  
Center   Table no. __, Requirements for Application:
Industry   Independent Federations Workers Chartered
Labor Unions and National
Association Local
Unions
Sec. 2-A Sec. 2-B Sec. 2-C & D Sec. 2-E
Independent   Rule III, Rule III, Rule III, Rule III,
Federation   union  
(1)  Acquire  legal   Book V, Book V, Book V, Book V,
personality;  and  
(2)  entitled  to  the   LCP-IRR LCP-IRR LCP-IRR LCP-IRR
rights  and  
privileges  granted  
by  law  

Chartering and Creation of a Local Chapter

Q: When does a labor organization acquire legal
status?
A: Upon the issuance of a certification of registration by
the Regional Director of the region the labor
organization filed.
Q: What are the requirements for the registration of a
Labor Organization?
A: The requirements are the following:
(a) Php 50.00 registration fee;
(b) Names of its officers, their addresses, the
principal address of the labor organization, the
minutes of the organizatonal meetings and the list
of the workers who participated in such meetings;
(c) In case the applicant is an independent union, the
names of all its members comprising at least 20%
of all the employees in the bargaining unit where it
seeks to operate;
[Art. 241 (former 234-A)]
Q: What is the meaing of “Chartered Local”?
A: it refers to a local organization organization in the
private sector operating at the enterprise level that
acquire legal personality through registration with the
Regional Office in accordance with Rule III, Sec. 2-E
of these Rules. [Sec. 2, DOLE Dept. Order no. 40-B-
03]
Q: How does chartered local created?
A: A duly registered federation or national union may
directly create a local chapter by issuing a charter
certificate indicationg the establishment of the local
chapter. [Sec. 2, RA 9481]
Action on Application
[Art. 242 (former 235)]

  17
 
Q: What is the period for the Bureau to act on the
applications of registrations?
A: The period shall be within 30 days from the filing of
such application for registration.
Figure no: __, Bureau’s Action on Application:
• Issue
 CertiNicate
 of
Approve
  Registration
  of registration?
Application
  • Acknowledge
 the
  Cancellation of registration; Where to file?
report/notice
  Regional Regional Office
BUREAU’S
 
ACTION
 
• deny
 the
application
  workers
Deny
• failure
 tocomply
  organization Union Centers
Appliation
with
 the
requirements
  Effect of a Petition for Cancellation of Registration
Denial of Registration; Appeal
[Art. 243 (former 236)]
“The decision of the Labor Relations Division in
the regional office denying registration may be appealed
by the applicant union to the Bureau within ten (10) days
from receipt of notice thereof”
Additional Requirements for
Federation or Nation Unions
[Arts. 244 (former 237)]
Q: What are additional requirements for federations
or nationals?
A: Subject to Art. 245 (former 238), if the applicant for
registration is a federation or a national union, it shall,
in addition to the requirements of the preceding
articles, submit the following:
(1) Proof of the affiliation of at least 10 locals or
chapters, each of which must be a duly
recognized collective bargaining agent in the
establishment or industry in which it operates,
supporting the registration of such applicant
federation or national union; and
(2) The names and addresses of the companies
where the locals or chapters operate and the list
of all the members in each company involved.
Cancellation of Registration
[Art. 245 (former 238)]
Q: What is a “Cancellation Proceedings”?
A: It refers to the legal process leading to the revocation
of the legitimate status of a union or workers’
association. [Sec. 1 (h), Rule 1, Book V, LCP-IRR]
Q: Who may file a Cancellation Proceedings?
 
A: Any party-in-interest may commence a petition for
cancellation of registration, except in actions involving
violation of Art. 250 (former 241) which can be only
commenced by members of the labor organization
concerned. [Sec. 2, Rule XIV, Book V, LCP-IRR]
Table no. ___, Where to file a petition for cancellation
Bureau of Labor
which issued its Relations
Director
certification
Independent Voluntary Federations,
labor union, Dissolution National or
local/chapter, Industry Unions
and Trade
[Art. 246 (former 238-A)]
Q: What is the effect of a petition for cancellation of
registration?
A: The petition shall not suspend the proceedings for
certification election nor shall it prevent the filing of a
petition for certification election. [Sec. 4, RA 9481]
Q: What are the remedies available for the union in
case of cancellation?
A: In case of cancellation, nothing herein shall restrict the
right of the union to seek just and equittable remedies
in the appropriate courts. [Sec. 4, RA 9481]
Grounds for Cancellation of Union Registration
[Art. 247(former 239)]
Q: What are grounds for cancellation of unon
registration?
A: The following grounds for cancellation of union
registration:
(a) Misrepresentation, false statement or fraud in
connection with the adoption or ratification of the
constitution and by-laws or amendments thereto,
the minutes of ratification, and the list of members
who took part in the ratification;
(b) Misrepresentation, false statement or fraud in
connection with the election of officers, minutes
of the election of officers, and the list of voters;
(c) Voluntary dissolution by the members; and
(d) Violation of Art. 250 (former 241) LCP
Q: What is the effect of inclusion of employee who
are outside of the bargaining unit?
A: The ineligible employees are automatically deemed
removed from the list of membership of the union.
[Sec. 6, Rule XIV, Book V, LCP-IRR]
18
Q: What is the effect of affiliation of rank-and-file and
supervisory unions?
A: The affiliation of the rank-and-file and supervisory
unions operating within the same establisment to the
same federation or national union shall not be a
ground to cancel the registration of either union. [Sec.
6, Rule XIV, Book V, LCP-IRR]
Q: What is the nature or qualified condition of the
misrepresentation in order to be a ground for
cancellation?
A: Misrepresentation, in order to be a ground for the
cancellation of the certificate of registration, must be
done maliciously and deliberately. Furthermore, the
mistakes appearing in the application or attachments
must be grave or refer to significant matters. The
details as to how the alleged fraud was committed
must also be indubitably shown. [Samahan ng
manggagawa sa Hanjin Shipyard vs. BLR (GR no.
211145, October 14, 2015)]
Voluntary Cancellation of Registration
[Art. 248 (former 239-A)
Q: What are the requirement for Voluntary
Cancellation of Registration?
A: The registration of a legitimate labor organization may
be cancelled by the organization itself, provided:
(1) That at least 2/3 of its general membership votes,
in a meeting duly called for that purpose to
dissolve the organization;
(2) That an application to cancel registration is
thereafter submitted by the board of the
organization, attested to by the president thereof.
Equity of the Incumbent
[Art. 249 (former 240)]
Q: What is the concept of “Equity of the Incumbent”?
A: All existing federations and national unions which
meet the qualifications of a legitimate labor
organization and none of the grounds for cancellation
shall continue to maintain their existing affiliates
regardless of the nature of the industry and the
location of the affiliates.
Chapter 2
Rights and Conditions of Membership
[Art. 250 (former 241)]
Q: What is the effect of violation of any of the rights
and conditions of membership?
A: It shall be a ground for cancellation of union
registration or expulsion of officers from office,
whichever is applicable.
Q: Who may report of such violations?
 
A: At least 30% of the members of a union or any
member/s specially concerned may report such
violation to the BLR.
Q: Is the 30% support requirement mandatory?
A: NO, the 30% requirement is not mandatory because
Art. 250 (former 242) states that a report of a violation
of rights and conditions of membership in a labor
organization may be made by at least 30% of all the
members of a union or any member/s specially
concerned. The assent 30% of the union members is
a factor in the acquisition of jurisdiction by the BLR.
[Rodriguez vs. BLR, 165 SCRA 239]
Q: Who has the power to hear decide the violations
under Art. 250, LCP?
A: The Bureau (BLR) shall have the power to hear and
decide any reported violation to mete the appropriate
penalty.
Q: Who has jurisdiction on the criminal/civil liabilities
on violations of rights and conditions?
A: Criminal and civil liabilities arising frion violations of
above rights and conditions of membership shall
continue to be under the jurisdiction of ordinary
courts.
Q: Who has the right to draw up constitutions and
rules to elect representatives?
A: Workers’ and employers’ organization shall have the
right todraw up their constitution and rules to elect
their representatives in full freedom, to organize their
administration and activities and to formulate their
programs. [Bautista vs. Villanueva (GR no. 194709,
July 31, 2013)]
Q: What is the meaning of “Check-off”?
A: It is a process or device whereby the employer, on
agreement with the Union, recognized as the proper
bargaining representative, or on prior authorization
from the employees, deducts union dues or agency
fees from the latter’s wages and remits them directly
to the Union. [Mariño, Jr. vs. Gamilla (GR
no.149763, July 7, 2009)]
Q: What is the rule on Check-Offs of Attorney’s fees?
A: As a general rule, attorney’s fees, negotiaiton fees,
and other similar charges may only be collected from
union funds, not from the amounts that pertain to
individual union members. However, special
assessments or other extraordinary fees may be
levied upon or checked off from any amount due an
employee for as long as there is proper authirization
by the employee. [Mariño, Jr. vs. Gamilla (GR
no.149763, July 7, 2009)]
Q: What are the requisites for a valid levy and check-
off of special assessments?
19
A: These requisites are: • List of voters
(1) An authorization by a written resolution of the 252-C • Annual financial report Within 30 days
majority of all the union members at the general after the close
membership meeting duly called for the prupose; of every fiscal
(2) Secretary’s record of the minutes of the meeting; year
and 252-D • List of members At least once a
(3) Individual written authorization for check-off duly year or
signed by the employee concerned. required by
the Bureau
Chapter 3
Rights of Legitimate Labor Organizations Q: What is the effect when there is failure comply
[Art. 251 (former 242) to Art 252 (former 242-A)] with the reportorial requirements?
A: It shall not be a ground for cancellation of union
Rights of Legitimate Labor Organizations registration but shall subject the erring officers or
[Art. 251 (former 242)] members to suspension, explsion from membership,
or any appropriate penalty. [Sec. 7, RA 9481]
Q: What are the rights of a legitimate labor
organization? Title V
A: These are the followings: COVERAGE
(a) To act as the representative of its members for (Art. 253 [former 243] to Art. 257 [former 246])
collective bargaining;
(b) To be certified as the exclusive representative in Coverage and Employees’ Right to Self-Organization
an appropriate bargaining unit; [Art. 253 (former 243)]
(c) To be furnished by the employer with its annual
audited financial statements, balance sheet and Q: What is the concept of the Right to self-
the profit and loss statement; organization?
(d) To own property, real or personal, for the use and A: It shall include the right to form, join or assist labor
benefit of the labor organization and its members; organizations for the purpose of collecive bargaining
(e) To sue and be sued inits registered name; and through representatives of their own choosing and to
(f) To undertake all other activities designed to engage in lawful concerted actvities for the same
benefit the organization and its members. purpose or for their mutual aid and protection, subject
to the provisions of Art. 279 (former 264) of this Code.
Q: What are income and properties of a legitimate
labor organizations that are tax exempted? Table no. ___, Employees covered under Title V
A: The income and properties of a legitimate labor RIGHT TO SELF-ORGANIZATION
organizations, including grants, endowments, gifts, INCLUDED EXCLUDED
donatinos and contributinos they may receive from All persons employed in High-level employees
fraternal and similar organizations, local or foreign, commercial, industrial whose functions are
which are actually, directly and exclusively used for and agricultural policy-making or
their lawful purposes, shall be free from taxes, duties enterprises and in managerial or whose
and other assessments. [Sec. 17, RA 6715] religious, charitable, duties are of a highly
medical, or educational confidential nature (Sec.
Reportorial Requirements institutions, whether for 3, EO. 180)
[Art. 252 (former 242-A)] profit or not
Ambulant, intermittent Members of cooperatives
Table no.___, Documents Required to be submitted to and itinerant workers,
the Bureau by the legitimate organization self-employed people,
concerned: rural workers and those
Documents Required Period without any definite
252-A • Constitution & By-Laws or Within 30 days employers may form
from adoption or
amendments thereto; labor organization for
ratification of the
• Minutes of ratification; and constitution and their mutial aid and
• List of members who took by-laws or protection.
part in the ratification of the amendments Supervisory Employees Managerial employees
thereto
constitution and by-laws defined in Art. 219(m),
252-B • List of officers; Within 30 days and 255
• Minutes of the election of from election “Employee” as defined in Members of the AFP,
officers; and Art. 219(f) & Art. 292(c) including the Polcie

  20
 
 officers, policemen,
firemen and jail guards Q: Who may join employees’ organization in the
(Sec. 3, EO 180) public sector?
Alien employees with Confidential employees A: Employees in agencies of the national government
valid working permits and their regional offices, attached agencies and their
issued by DOLE, regional offices, state universities and colleges,
provided that they are government-owned or controlled corporations with
nationals of a country original charters, and local government units, except
which grants the same or as may be hereunder provided, can form, join or
similar rights to Filipino assist employees’ organizations, labor-management
Workers, certified by the committees, work councils and other forms of
DFA employees’ participation schemes of their
Employees in the Public Employees of ownchoosing for the purposes above-stated. [Sec. 2,
Service International Organization Rule II, Amended IRR governing the exercise of
with Immunity the right of government employees to organize,
Homeworkers Non-employees Sept. 28, 2004]
Contractor’s employees
*******
under DO 174 Q: When does a government employee be eligible to
Employees of a become a member of the employees’
cooperative who are not ******* organization?
members thereof A: From the first day of such employees’ service. [Sec. 2,
Members of the Iglesia ni Rule II, Amended IRR governing the exercise of
Cristo (Reyes vs. Trajano the right of government employees to organize,
*******
(GR no. 84433, June 2, Sept. 28, 2004]
1992)
Security Guards Q: Who are not eligible to join employees’
(MERALCO vs. NLRC organizatinos in the public sector?
*******
(GR no. 91902, May A: The following are not eligible to form, join, or assist
20,1991) any employees’ organization for purposes of
Working Child (Art. 111, collective bargaining:
Title VI, Chptr. 3m PD ******* (a) High level, highly confidential and coterminous
608) employees;
(b) Members of the AFP;
Q: (c) Members of the PNP;
(d) Firemen (BFP);
Right of Employees in the Public Service (e) Jail Guards; and
[Art. 254 (former 244)] (f) Other personnel who, by the nature of their
functions, are authorized to carry firearms, except
Q: Who are employees referred in Art. 254 (former when there is express written approval from
244), LCP? management.
A: These are the following government employees:
(1) Employees of government corporations Q: What are terms and conditions of employment
established under the Corporation Code shall which are negotiable matters or subject to
have the right to organize and to bargain negotiations?
collectively with their respective employers; A: These are the following matters/concerns:
(2) All other employees in the civil service shall have (a) Schedule of vacation and other leaves;
the right to form associations for purposes not (b) Personnel growth and development;
contrary to law. (c) Communication systems – internal (lateral and
vertical), external
Table no. ____, Governing Laws for Employees’ Right (d) Work assignment/reassignment/detail/transfer;
to Organize in the Public Sector (e) Distrubition of work load;
Governing Law (f) Protection and safety;
Government Employees Other Government (g) Facilities for handicapped personnel;
in the Civil Service Employees (h) First aid medical services and supplies;
(i) Physical fitness program;
Executive Order no. 180, The Corporation Code, for
(j) Family planning services for married women;
for those government those government offices
offices with original charter with charter issued by the (k) Annual medical/physical examination;
SEC.

  21
 
 (l) Recreational, social, athletic and cultural activities
and facilities;
(m) CAN incentives; and
(n) Other concerns which are not prohibited by law
and CSC Rules and Regulations.
Q: What are matters which are not negotiable?
A: Increases in salary, allowances, travel expenses, and
other benefits that are specifically provided by law are
not negotiable. [Sec. 3, Rule II, Amended IRR
governing the exercise of the right of government
employees to organize, Sept. 28, 2004]
Q: Do workers in the public sector enjoy the right to
strike?
A: NO, Government employees do not enjoy the right to
strike because the terms and conditionsof their
employment are fixed by law. Government workers
cannot use the same weapons employed by the
workers in the private sector to secure concessions
from their employers. The releations between the
private employer and employees rest on a voluntary
basis, through CBA. However, in the government
sector, it is the legislature and, where properly given
delegated power, the administrative heads of
government which fix the terms and conditions of
employment. And this is effected through statutes or
administrative circulars, rules and regulations, not
through collective bargaining. Furthermore, if
government workers are permitted to conduct strike,
it would disrupt public peace pr the operation of
government services and affect the rights of private
individuals. [Alliance of Government Workers vs.
DOLE, 124 SCRA 1]
Ineligibility of managerial Employee to Join any Labor
Organization; Right of Supervisory Employees
[Art. 255 (former 245)]
Q: What is the meaning of a “Managerial Employee”?
A: It is one who is vested with the powers or prerogatives
to lay down and execute management policies and/or
to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees. [Art. 219 (m), LCP]
Q: What is the meaning of “Supervisory Employees”?
A: These are those who, in the interest of the employer,
effectively recommend such managerial actions if the
exercise of such authority is not merely routinary or
clerical in nature but requires the use of independent
judgment. [Art. 219 (m), LCP]
Q: What is a “Rank-and-File Employee”?
A: An employee whose functions are neither managerial
or supervisory in nature. [Sec. 1(nn). Rule, Book V,
LCP-IRR]
 
Q: Are Managerial Employees eligible to join any
labor organization?
A: NO, Managerial employees are not eligible to join,
assist or form any labor organization.
Q: How do you determine whether the nature of the
work is supervisory or managerial status?
A: The test of supervisory or managerial status depends
on whether a person possesses authority to act in the
interest of his employer and whether such authority is
not merely routinary or clerical in nature, but requires
the use of independent judgment. [Clientlogic Phils.,
Inc. vs. Castro (GR no. 186070, April 11, 2011)]
Q: Are the supervisory employes eligible to become
member in the same bargaining unit with the rank-
and-file employees?
A: NO, Supervisory employees shall not be eligible for
membership in the collective bargaining unit of the
rank-and-file employees but may join, assist or form a
separate collective bargaining units and/or legitimate
labor organizations of their own.
Q: May the supervisory union and rank-and-file union
allowed to join the same federation or national
union?
A: YES, The rank-and-file union and supervisory union
operating within the same establishment may join the
same federation or national union.
Q: What is a Confidential Employee?
A: These refers to employees which is entrusted with
confidence on delicate matters, or with custody,
handling, or care and protection of the employer’s
property. [Natinoal Association of Trade Union vs.
Torres , 239 SCRA 546]
Q: What are the criterias of a Confidential Employee?
A: Confidetial employees are those:
(1) Who assist or act in a confidential capacity; and
(2) Those Persons who formulate, determine, and
effectuate management policies in the field of
labor relations.
Q: Are confidential employees allowed to join, assist
or form a union or labor organization?
A: NO, confidential employees are prohibited to join,
assist or form a union or labor organization because it
would result into a conflict of interest. In the case of
Metrolab Industries, Inc. vs. Confessor (GR no.
108855, February 28, 1996), They are prohibited
because:
• If these employees would belong to or be
affiliated with a Union, the latter might not be
assured of their loyalty to the Union in view of
evident conflict of interests. The Union can also
become company-dominated with the presence
22
 of managerial employees in Union membership;
or
• They may act as spy or spies of either party to
thecollective bargaining agreement; or
• May bargain for advantages for themselves.
Effect of Inclusion as Members of Employees Outside
the Bargaining Unit
[Art. 256 (former 245-A)]
Q: What is the effect of inclusion as union members
of employees outside the bargaining unit?
A: It shall be a ground for the cancellation of the
registration of the union. The said employees are
automatically deemed removed from the list of
membership of said union. [Sec. 9, RA 9481]
Q: What is the Doctrine of “Necessary Implication”?
A: It means that what is implied in a statute is as much a
part thereof as that which is expressed. [National
Association of Trade Union vs Torres (GR no.
93469, December 29, 1994)]
Q: Can a petition for certification election be dismiss
on the ground that the labor organization’s
membership consists of supervisory and rank-
and-file employees?
A: NO, After a labor organization has been registered, it
may exercise all the rights and privileges of a
legitimate labor organization. Any mingling between
supervisory and rank-and-file employees in its
membership cannot affect its legitimacy forthat is not
among the grounds for cancellation of its registration,
unless such migling was brought about by
misrepresentation, false statement or fraud under Art.
247 (former 239), LCP. [Holy Child Catholic School
vs. Sto. Tomas (GR no. 179146, July 23, 2013)]
Q: What is the remedy in case of incusion of
disqualified employee in union due to falsity?
A: The aggrieved party (generally the employer) shall
directly file a petition for ancellation of the union’s
certificate of registration due to misrepresentation,
false statement, or fraud under Art. 247(239), LCP
before the Regional Director of DOLE. [Sta. Lucia
Commercial Corp. vs. DOLE Secretary (GR no.
162355, August 14, 2009)]
Non-Abridgment of Right to Self-Organization
[Art. 257 (former 246)]
Q: What is the “Non-abridgment of right to self-
organization” pertains to?
A: It shallbe unlawful for any person to restrain, coerce,
discriminate against or unduly interfere with
employees and workers intheir exercise of their right
to self-organization.
 
Title VI
UNFAIR LABOR PRACTICES
(Art. 258 [former 247] to Art. 260 (former 249)
Chapter 1
Concept of Unfair Labor Practices and
Procedure for Prosecution Thereof
[Art. 258 (former 247)]
Q: What is the concept of ULP?
A: Unfair labor practices:
(1) Violate the constitutional right of workers and
employees to self-organization;
(2) Inimical to the legitimate interests of both labor
and management, including their right to bargain
collectively and otherwise deal with each other in
an atmosphere of freedom and mutual respect;
(3) Disrupt industrial peace and hinder the promotion
of healthy and stable labor-management
relations;
(4) It does not only violates the civil right of both
labor and management but are also criminal
offenses against the State which shall be subject
to prosecution and punishment as herein
provided.
Q: What covers the civil aspect of all ULP cases?
A: Said civil aspects may include claims for actual, moral,
exemplary and other forms of damages, attorney’s
fees and other affirmative reliefs. Recovery of it in the
Table no. ____, Jurisdiction of Unfair Labor Practices:
Civil Aspect Criminal Aspect
Jurisdiction Labor Arbiter Concurrent MTC or
RTC
Q: What is the prescriptive period to file a criminal
complaint due to ULP?
A: It shall be filed with the appropriate agency within 1
year from the accrual of such ULP, otherwise, they
shall be forever barred.
Q: What is the effect of a pending administrative
cases for ULP?
A: It shall interrupt the period of prescription of the
criminal offenses.
Q: What is the effect if there is a final judgment in that
administrative proceeding?
A: The said judgment shall not be binding in the criminal
case nor be considered as evidence of guilt but
merely as proof of compliance of the requirements
therein set forth.
Table no: ___. Matrix of ULP cases committed by the
Employer vs. Labor Organizations:
Unfair Labor Practices
Employers Labor Organization, Officers,
23

(a) To interfere with, restrain or
coerce employees in the exercise of
their right to self-organization;
(b) To require as a condition of
employment that a person or an
employee shall not join a labor
organization or shall withdraw
from one to which he belongs;
(c) To contract out services or
functions being performed by union
members when such will interfere
with, restrain or coerce employees
in the exercise of their right to self-
organization;
(d) 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;
(e) To discriminate in regard to
wages, hours of work and other
terms and
conditions of employment in order
to encourage or discourage
membership in any
labor organization. Nothing in this
Code or in any other law shall stop
the parties
from requiring membership in a
recognized collective bargaining
agent as a
condition for employment, except
those employees who are already
members of
another union at the time of the
signing of the collective bargaining
agreement. Employees of an
appropriate bargaining unit who are
not members of the recognized
collective bargaining agent may be
assessed a reasonable fee
equivalent to the dues and other
fees paid by members of the
recognized collective bargaining
agent, if such non-union members
accept the benefits under the
collective bargaining agreement:
Provided, That the individual
authorization required under
Article 242, paragraph (o) of this
Code shall not apply to the non-
members of the recognized
collective bargaining agent;
(f) To dismiss, discharge or
otherwise prejudice or discriminate
against an employee for having
given or being about to give
testimony under this Code;
(g) To violate the duty to bargain
collectively as prescribed by this
Code;
*******
 
Agent/ Representatives negotiations;
(a) To restrain or coerce employees in (h) To pay negotiation or attorney’s (e) To ask for or accept negotiation or
the exercise of their right to fees to the union or its officers or attorney’s fees from employers as part
selforganization. However, a labor agents as part of the settlement of of the settlement of any issue in
organization shall have the right to any issue in collective bargaining collective bargaining or any other
prescribe its own rules with respect to or any other dispute; or dispute; or
the acquisition or retention of (i) To violate a collective (i) To violate a collective bargaining
membership; bargaining agreement. agreement.
*******
Chapter 2
Unfair Labor Practices of Employers
[Art. 259 (former 248)]
******* Interferance, Restrain, Coercion
Art. 259 (a)
Q: What constitutes direct and indirect interference
******* of the employer?
A: The followings cases are:
(a) Denying union organizers access to employees;
(b) To cause or attempt to cause an (b) Blacklisting ir threatening to blacklist employees;
employer to discriminate against an
employee, including discrimination
(c) Asking employees about their union membership
against an employee with respect to or activities;
whom membership in such (d) Accepting an offer by the majority of the
organization has been denied or to employees to abandon their union in return for
terminate an employee on any ground
other than the usual terms and wage increases to them;
conditions under which membership (e) Accosting strikers ir a picket line in order to
or continuation of membership is persuade them to cease picketing and abandon
made available to other members;
the strike
Q: How does an indirect interference committed?
A: An indirect may be committed by persons whose
close connection with the employer make them partial
or bias to management along the areas connected
with the union organization of rank-and-file workers.
Q: How does Economic coercion is committed?
A: It takes place when the employer grants bonuses to
strikers who return to work while withholding it to
those who continue to strike, or promising
employment rather than lay-offs or wage increases to
some workers prior to and to influence the election of
some union officials or during strike.
Q: What is the “Test of interference and Coercion by
Employer”?
A: The test refers to “whether the employer has engaged
in conduct which, it may reasonably be said, tends to
******* interfere with the free exercise of employees’ rights;
and that it is not necessary that there be direct
(c) To violate the duty, or refuse to evidence that any employee was in fact intimidated or
bargain collectively with the coerced by statements of threats of the employer if
employer, provided it is the
representative of the employees;
there is a reasonable interference that anti-union
(d) To cause or attempt to cause an conduct of the employer does have an adverse effect
employer to pay or deliver or agree to on self-organization and collective bargaining.
pay or deliver any money or other [Insular Life-NATU vs. Insular Life, 147 Phil. 194]
things of value, in the nature of an
exaction, for services which are not
performed or not to be performed,
including the demand for fee for union
24
 Yellow Dog Contract
Art. 259 (b)
Q: What is a “Yellow dog Contract”?
A: It is an agreement between an employer and an
employee in which the employee agrees, as a
condition of employment, not to join a union during
the course of his employment.
Q: What are the requisites for the application of Art.
259 (b) [former 248(b)]?
A: To require as a condition of employment that a person
or an employe shall:
(1) Not join a labor organization; or
(2) Shall withdraw from one to which he belongs.
Chapter 3
Unfair Labor Practices of Labor Organizations
[Art. 260 (former 249)]
Restrain or Coercion by Labor Organization
Art. 260 (a)
Q: What are acts of restraint or coercion?
A: These are the following acts:
(a) Preventing employees who do not desire to join a
union strike from going to and returning from
work during a strike;
(b) Pickets threathening employees who desire to
enter the plant with physical violence;
(c) Union agen pushing a non-striker against the wall
and threatening himwith bodily harm; and
(d) Preventing non-strikers ingress to the plant by
blocking and threatening them with physical
harm.
Additional Notes from Azucena:
• Labor organization commits ULP if it retrains or coerced an
employee if such employee is exercising his right to refuse to
participate in or recognize a strike.
• Likewise, this ULP is committed if the union threatens
employees with bodily harm in order to force them to strike.
• NOTE: in art. 259 (ULP committed by the employer) — ULP
is committed through Interference, Restraint, or Coercion,
however, ULP under Art. 260 — Interference is left out.
o Rationale? — A labor organisation may interference in the
employees’ right to selforganization as long as the
interference does not amount to restraint or coercion.
o Examples:
§ A union campaigns for membership even among
members of another union.
§ A union, at the appropriate time, files a petition to
dislodge an incumbent bargaining union;
§ A bargaining union, through a union security clause,
requires an incoming employee to join the union or
when the occasion rises, persuades non-striking
employees to join a strike.
Union-Induced Discrimination
Art. 260 (b)
 
Q: What are discriminatory acts referred in this
section?
A: The discriminatory acts referred are as follows:
1. To cause or attempt to cause an employer to
discriminate against an employee;
2. Discrimination against an employee with
respect to whom membership in such
organization has been denied;
3. 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.
Additional notes from Azucena:
• This refers to discrimination in terms of hiring or firing, inn
lay-off, in seniority, or in benefits.
• ARBITRARY USE OF THE union Security Clause is
forbidden (Salunga vs. CIR, 21 SCRA 216)
o Facts: Salunga signed from the union out of
disappointment, thereafter, the union requested the
company to dismiss Salunga pursuant to the close-
provision of the CBA. Upon learning this, Salunga tried to
withdraw his resignation but the union denied it and
requested his dismissal to the Company which the
Company acceded to.
o RULING: The Union committed ULP and Salunga was
illegally dismissed. Labor unions are not entitled to
arbitrary exclude qualified applicants for memberships,
and a closed-shop provision would not justify the
employer in discharging, or a union in insisting upon the
discharge of, an employee whom the union thus refuses to
admit to membership, without any reasonable ground
therefor.
• Asking help from Another union is not an act of disloyalty
(Rance, et. Al. Vs. Polybag Manufacturing Workers’ Union (GR
no. 68147, June 30, 1988))
o Facts: Union members were expelled by their union for
disloyalty because they allegedly join NAFLU (another
federation), hence they are also dismissed by the
Corporation upon the union’s demand. However, the
dismissed members claimed they their expulsion and
dismissal is invalid because they did not affiliate with
NAFLU.
o RULING: The members were illegally dismissed from
work because they are denied of due process. The mere
act of seeking help from NAFLU cannot constitute
disloyalty as contemplated in the CBA. At most it was in
the NAFLU who took the cudgels for them. They are
deprived of fair play.
Refusal to Bargain
Art. 260 (c)
A union violates its duty to bargain collectively by
entering negotiation with a fixed purpose of not reaching
an agreement or signing a contract.
Featherbedding and Make-Work Arrangements
Art. 260 (d)
25
 Featherbedding or Make-Work — a term given
to 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 job.
CBA Deal with Employer
Art. 260 (e)
CBA DEAL WITH EMPLOYER:
• Asking for or accepting some “fee” from the
employer as part of CBA or dispute settlement is
considered ULP.
• It is a reprehensible betrayal of trust, an act that
deserves condemnation of the highest order.
Title VII
COLLECTIVE BARGAINING AND ADMINISTRATION
OF AGREEMENTS
(Art. 261 [former 250] to Art. 272 [former 259])
Procedure in Collective Bargaining
[Art. 261 (former 250)]
Figure no. ____, Procedure of Collective Bargaining in
accordance with Art. 261, LCP
Explanation:
a. 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;
b. Should differences arise on the basis of such notice
and reply, either party may request for a conference
which shall begin not later than ten (10) calendar
days from the date of request.
c. 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 requiring the attendance
of the parties to such meetings. It shall be the duty of
 
the parties to participate fully and promptly in the
conciliation meetings the Board may call;
d. 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
e. The Board shall exert all efforts to settle disputes
amicably and encourage the parties to submit their
case to a voluntary arbitrator
Duty to Bargain Collectively
[Art. 262 (former 251) to Art. 264 (former 253)]
Table no. ___, Matrix of Duty to Bargain
Duty to Bargain (Art. 263)
The 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 agreements if
requested by either party but such duty does not compel
any party to agree to a proposal or to make any concession.
Without CBA With CBA
Duty of the employer • Neither party shall terminate nor
modify the CBA during its lifetime.
and the
• However, either party can serve a
representatives of the written notice to terminate or
employees to bargain modify the CBA at least 60 days
collectively in prior to its expiration.
accordance with the • It shall be the duty of both parties
to keep the status quo and to
provisions of this
continue in full force or effect the
code. terms and conditions of the
existing agreement during the 60-
day period and/or until a new
agreement is reached by the
parties.
Terms of Collective Bargaining Agreement
[Art. 265 (former 253-A)]
“Any Collective Bargaining Agreement that the parties
may enter into shall, insofar as the representation aspect
is concerned, be for a term of five (5) years. No petition
questioning the majority status of the incumbent
bargaining agent shall be entertained and no certification
election shall be conducted by the Department of Labor
and Employment outside of the sixty-day period
immediately before the date of expiry of such five-year
term of the Collective Bargaining Agreement. All other
provisions of the Collective Bargaining Agreement shall
be renegotiated not later than three (3) years after its
execution. Any agreement on such other provisions of
the Collective Bargaining Agreement entered into within
six (6) months from the date of expiry of the term of such
other provisions as fixed in such Collective Bargaining
Agreement, shall retroact to the day immediately
following such date. If any such agreement is entered
into beyond six months, the parties shall agree on the
26
duration of retroactivity thereof. In case of a deadlock in
the renegotiation of the Collective Bargaining Agreement,
the parties may exercise their rights under this Code.”
Injunction Prohibited
[Art. 266 (former 254)]
REQUEST FOR S.E.B.A. (DO 40-I-15)
!  Request for SEBA repealed voluntary recognition
!  The requesting union must not have any other exisitng union in the
same establishment, otherwise, the regional director shall render it as a
Petition for Certification Election.

“No temporary or permanent injunction or

restraining order in any case involving or growing out of REQUEST FOR S.E.B.A. (DO 40-I-15)
labor disputes shall be issued by any court or other
entity, except as otherwise provided in Articles 225 (218)
and 279 (264) of this Code”
Filing of Request of SEBA at Regional Director shall If the request is in CERTIFICATION
Exclusive Bargaining Representation and Workers’ Regional Office (DOLE)
• Name and Address of the requesting
determine compliance of
the Request
compliance
• Regional Director shall call a
• Validity: 1 Year Only

Participation in Policy and Decision-Making

Legitimate Labor Organization
• Name & Address of the Company
• Bargaining Unit it sought to
represent
• He may request a copy of payroll
• If the request is insufficient, he shall
ask the requester to comply (10 days
only, otherwise, the request shall be
conference and ask the union to
submit the following requirements:
• Names of Employees who signed
the certification (majority needed)

[Art. 267 (former 255)] • Approximate Number of the

Bargaining Unit
• Statement of Existence/Non-
withdrawn • Under oath statement of the
President that all are true and
correct copy
Existence of Any Labor Organization

Codal Provision: The labor organization designated or

selected by the majority of the employees in an
appropriate collective bargaining unit shall be the
exclusive representative of the employees in such unit for
the purpose of collective bargaining. However, an
individual employee or group of employees shall have the PETITION FOR CERTIFICATION ELECTION
right at any time to present grievances to their employer.
! Process of determining, ordered by DOLE, through
Any provision of law to the contrary notwithstanding, secret balloting the sole and exclusive bargaining
workers shall have the right, subject to such rules and representative of the employees in an appropriate
regulations as the Secretary of Labor and Employment bargaining unit for purposes of collective bargaining
may promulgate, to participate in policy and decision- or negotiation. (Sec. 1(h), Rule 1, Book V, Labor
making processes of the establishment where they are Code – Implementing Rules and Regulations)
employed insofar as said processes will directly affect
their rights, benefits and welfare. For this purpose,
workers and employers may form labor-management PETITION FOR CONSENT ELECTION
councils: Provided, That the representatives of the
workers in such labor-management councils shall be ! Process of determining, agreed by the parties,
elected by at least the majority of all employees in said through secret balloting the sole and exclusive
establishment. bargaining representative of the employees in an
appropriate bargaining unit for purposes of
collective bargaining or negotiation. (Sec. 1(h),
Rule 1, Book V, Labor Code – Implementing
UNION REGISTRATION Rules and Regulations)

!  In order for a union to

h av e p e r s o n a l i t y t o
negotiate with the
employer for collective
bargaining, it must be
certified as the Sole and
Exclusive Bargaining Agent
(SEBA).
Request for
SEBA PETITION FOR CONSENT ELECTION
“In case the contending unions agree to a consent election,
the Med-Arbiter shall not issue a formal order calling for the conduct of
Certification Union Run-Off certification election, but shall enter the fact of the agreement in the
Election Registration Election
minutes of the hearing. The minutes of the hearing shall be signed by the
parties and attested to by the Med-Arbiter. The Med-Arbiter shall,
immediately forward the records of the petition to the Regional Director
or his/her authorized representative for the determination of the Election
Officer by the contending unions through raffle. The first pre-election
Consent
Election conference shall be scheduled within 10 days from the date of entry of
agreement to conduct consent election” [Sec. 10, Rule VIII, DOLE DO.
40-03]

  27  
 HOW TO CONDUCT A CERTIFICATION
OR CONSENT ELECTION?
VOTING: SECRET BALLOT
“To ensure secrecy of the ballot, the Ellection Officer,
together with the authorized representatives of the contending
unions, shall before the start of the actual voting, inspect the polling
place, the ballot boxes and the polling booths.

Voting No device that could record or identify the voter or

Pre-Election Voters Canvassing Certification
process
otherwise undermine the secrecy and sanctity of the ballot shall be
•  Raffle of Cases •  Who are •  Secret Balloting •  Who’s duty to •  Effect of allowed within the premises, except those devices brought in by the
•  Pre-Election eligible to vote? •  Markings Canvass the Certification
Conference •  Spoiled Ballots votes? election officer. Any other device found within the premises shall be
confiscated by the election officer and returned to its owner after
the conduct of the certification election. [Sec. 12, Rule IX, DOLE
DO. 40-I-15]

PRE-ELECTION: RAFFLE OF THE CASE

“Within 24 hours from receipt of the notice of
entry of final judgment granting the conduct of the a
certification election, the Regional Director shall
cause the raffle of the case to an Election Officer
who shall have control of the pre-election
conference and election proceedings.” [Sec. 1, Rule
IX, DOLE DO. 40-03]
VOTING: MARKINGS OR CASTING
!  The voter must put a cross (X) or check (✔) mark in the square
opposite the name of the chosen union or “NO UNION” if she does
not want to be represented by any union.
!  If the voter inadvertently spoils a ballot, he/she shall return it to the
Election Officer who shall destroy it and give him/her another ballot.
!  Any member of the bargaining unit who is unintentionally omitted in
the master list of voters may be allowed to vote if both parties agree,
otherwise, he/she will be allowed to vote but the ballot is segregated
[Sec. 13, Rule IX, DOLE DO. 40-I-15]

PRE-ELECTION: CONFERENCE VOTING: SPOILED BALLOTS

“Within twenty-four (24) hours from receipt of the assignment for the
conduct of a certification election, the Election Officer shall cause the issuance of notice ! Also known as Abstention
of preelection conference upon the contending unions and the employer, which shall be
scheduled within ten (10) days from receipt of the assignment.  The pre-election !  A blank or unfilled ballot validly cast by an eligible voter.
conference shall set the mechanics for the election and shall determine, among others,
the following:  ! It is not condisered as a negative vote. However it shall be
considered a valid vote for purposes of determining a valid
(a)  Date, time and place of the election, which shall not be later than 45 days from the
date of the first pre-election conference, and shall be on a regular working day and election.
within the employer's premises, unless circumstances require otherwise;
(b)  List of eligible and challenged voters; ! If the voter inadvertently spoils a ballot, he/she shall return
(c)  Number and location of polling places or booths and the number of ballots to be it to the Election Officer who shall destroy it and give him/
prepared with appropriate translations, if necessary;
her another ballot.
(d)  Name of watchers or representatives and their alternates for each of the parties
during election; (Sec. 1, Rule 1 & Sec. 13, Rule IX, DOLE DO. 40-I-15)
(e)  Mechanics and guidelines of the election

VOTERS: WHO ARE ELIGIBLE?

1.  Regular Employees
1.  All employees who are members of the appropriate bargaining unit 3
MONTHS PRIOR TO THE FILING OF THE PETITION/REQUEST shall be
eligible to vote (Sec. 10, Rule IX, DOLE DO. 40-I-15)
2.  Dismissed Employees
1.  His termination case must not have a final judgment yet; and
His cases is pending at the time of the issuance of the notice of the
2. 
Petition for Certification Election
3.  Probationary Employees
1.  He must render 3 Month services before he can be eligible to vote
4.  Contested Employees
1.  The are allowed to vole but their vote shall be in a separate ballot box.
Representation Issue in Organized Establishments
[Art. 268 (former 256)]
Q: What is an “Organized Establishment”?
A: It refers to an enterprise where there exists a
recognized or certified sole and exclusive bargaining
agent.
Q: When can you file a petition for certification
election in an organized establishment?
A: It is only within the “Freedom Period” or 60 days
before the expiration of the CBA in which the Med-
Arbiter shall automatically order an election by secrt
ballot when a verified petition is filed.

Q: What is included with the verified petition?

A: A written consent of at least 25% of all the employees
in the bargaining unit.

  28
 
Q: What is the requirement of having a valid election
and to be certified as a bargaining agent?
A: It must have at least a majority of all eligible voters in
the unit must have cast their votes. The labor union
receiving the majority of the valid votes cast shall be
certified as the exclusive bargaining agent of all the
workers in the unit.
Q: What is the meaning of “Run-Off Election”?
A: It refers to an election between the labor unions
receiving the two (2) higher number of voters when a
certification election which provides for three (3) or
more choices results in no choice receiving a majority
of the valid votes cast, where the total number of
votes for all contending unions is at least fifty percent
(50%) of the number of votes cast.
Q: What is the “Double-Majority” Rule:
A: This refers to “for there to be a valid certification
election, majority of the bargaining unit must have
voted and the winning union must have garnered
majority of the valid votes cast. [NUWHRAIN vs. Sec.
of Labor (GR no. 181531, July 31, 2009)]
Petitions in Unorganized Establishments
[Art. 269 (former 257)]
Q: What is the meaning of “Unorganized
Establishment”?
A: It refers to any establishment where there is no
certified bargaining agent.
Q: What is the effect of filing a petition for
certification election in unorganized
establishments?
A: An petition for certification election shall automatically
be conducted by the Med-Arbiter upon filing of the
petition.
When an Employer May File Petition
[Art. 270 (former 258)]
“When requested to bargain collectively, an employer may
petition the Bureau for an election. If there is no existing
certified collective bargaining agreement in the unit, the Bureau
shall, after hearing, order a certification election.
All certification cases shall be decided within twenty (20)
working days.
The Bureau shall conduct a certification election within twenty
(20) days in accordance with the rules and regulations
prescribed by the Secretary of Labor.”
Employer as Bystander
[Art. 271 (former 258-A)]
 
Q: What is the meaning of “Employer as a Bystander”
Principle?
A: It means that in all cases, whether the petition for
certification election is filed by an employer or a
legitimate labor organization, the employer shall be
considered a party thereto with concominant right to
oppose a petition for certification election.
Q: What are the limits of employer’s participation in
certification election?
A: These are the following limitations:
(1) Being notified or imformed of petitions of such
nature; and
(2) Submitting the list of employees during the pre-
electoin conference should the Mediator-
Arbitrator act favorably on the petition.
Q: What is the exception to the “Employer as
Bystander” Principle?
A: However, Manifestation of facts the would aid the
mediator-arbiter in expeditiously resolving the petition
such as existence of a contract-bar, one year bar or
deadlock bar may be considered. The contract bar
rule shall apply in any of the following:
(1) When there exists an unexpired registered CBA;
or
(2) When there is no challenge on the representation
status of the incumbent of the incumbent union
during the freedom period. [Sec. 1, Rule VII,
DOLE Dept. Order no. 40-I-15]
Appeal from Certification Election Orders
[Art. 272 (former 259)]
“Any party to an election may appeal the order or results
of the election as determined by the Med-Arbiter directly
to the Secretary of Labor and Employment on the ground
that the rules and regulations or parts thereof established
by the Secretary of Labor and Employment for the
conduct of the election have been violated. Such appeal
shall be decided within fifteen (15) calendar days.”
Title VII-A
GRIEVANCE MACHINERY AND VOLUNTARY
ARBITRATION
(Art. 273 [former 260] to Art. 277 [former 262-B])
Grievance Machinery and Voluntary Arbitration
[Art. 273 (former 260)]
“The parties to a Collective Bargaining Agreement shall
include therein provisions that will ensure the mutual
observance of its terms and conditions. They shall
establish a machinery for the adjustment and resolution
of grievances arising from the interpretation or
implementation of their Collective Bargaining Agreement
and those arising from the interpretation or enforcement
of company personnel policies.
29
All grievances submitted to the grievance machinery Procedures
which are not settled within seven (7) calendar days from [Art. 276 (former 262-A)]
the date of its submission shall automatically be referred
to voluntary arbitration prescribed in the Collective Figure no. ___, Typical Steps in the Grievance Level:
Bargaining Agreement.
•  SHOP
 FLOOR
 LEVEL
 
•  Presentation
 by
 the
 employee
 problems
 to
 the
 foreman
 or
 supervisor
 who
 would
 listen
 
to
 the
 employee
 and
 record
 the
 facts
 of
 the
 problem.
 the
 supervisor
 should
 settle
 the
 
For this purpose, parties to a Collective Bargaining Step
 1
  problem
 within
 3
 days.
 if
 the
 employee
 is
 not
 satisNied,
 proceed
 to
 Step
 2
 

Agreement shall name and designate in advance a

Voluntary Arbitrator or panel of Voluntary Arbitrators, or
include in the agreement a procedure for the selection of •  PLANT  LEVEL  
•  Discussion  of  the  problem  between  the  employee,  the  supervisor,  and  the  department  
such Voluntary Arbitrator or panel of Voluntary
Arbitrators, preferably from the listing of qualified
Step  2   manager  takes  place.  if  no  satisfactory  solution  within  7  days,  proceed  to  Step  3  

Voluntary Arbitrators duly accredited by the Board. In

case the parties fail to select a Voluntary Arbitrator or •  TOP  LEVEL  
•  Discussion  of  the  problem  between  the  supervisor,  the  department  manager,  the  
panel of Voluntary Arbitrators, the Board shall designate complainant,  and  top  management  (President  or  General  Manager).  If  no  satisfactory  

the Voluntary Arbitrator or panel of Voluntary Arbitrators, Step  3   solution  within  10  days,  proceed  to  Step  4  

as may be necessary, pursuant to the selection

procedure agreed upon in the Collective Bargaining
•  ARBITRATION  LEVEL  
Agreement, which shall act with the same force and •  the  problem  or  case  may  be  taken  to  voluntary  arbitration  for  Ninal  decision  
effect as if the Arbitrator or panel of Arbitrators has been Step  4  
selected by the parties as described above.”

Jurisdiction of Voluntary Arbitrators or

Panel of Voluntary Arbitrators
[Art. 274 (former 261) to Art. 275(former 262)]
Q: What falls under the jurisdiction of the Voluntary
Arbiters?
A: These are the following:
(a) All grievances arising from the implementation or
interpretation of CBA and interpretation and
enforcement of Company personnel policies;
(b) Wage distortion issues arising from the
application of any wage orders in an organized
establishments
(c) Unresolved grievances from interpretation or
implementation of productivity incentive program
under RA 6971;
(d) Any other labor dispute submitted to Voluntary
Arbitration and agreed by the parties to the labor
dispute.
Q: Does the Voluntary Arbitrator have jurisdiction
over OFW with CBA, rather than the Labor Arbiter
(NLRC)?
A: YES, Voluntary Abitrator shall have jurisdiction over
OFW cases with CBA because Sec. 7, Rule VII of the
Implementing Rules and Regulation of the Migrant
Workers Act (now RA 10022) states that for OFWs
with collective bargaining agreements, the case shall
be submitted for voluntary arbitration in accordance
with Articles 261 and 261 (now 275 and 276) of the
Labor Code. It only in the absence of a CBA that
parties may opt to submit the dispute to either the
NLRC or voluntary arbitrator. [Estate of Dulay vs.
Aboitiz Jebsen Maritime (GR no. 172642, June 13,
2012)]
Cost of Voluntary Arbitration and
Voluntary Arbitrator’s Fee
[Art. 277 (former 262-B)]
Q: What are the factors that should be considered for
Voluntary Arbitrator’s fee?
A: These are the following factors:
(a) Nature of the case;
(b) Time consumed in hearing the case;
(c) Profession standing of the Voluntary Arbitrator;
(d) Capacity to pay of the parties; and
(e) Fees provided for in the Revised Rules of Court.
Note: The parties to a CBA shall provide therein a
proportionate sharing scheme on the cost of
the voluntary arbitration including the Voluntary
Arbitrator’s Fee.
Title VIII
STRIKES AND LOCKOUTS AND FOREIGN
INVOLVEMENT IN TRADE UNION ACTIVITIES
(Art. 278 [former 263] to Art. 287 [former 272])
Chapter 1
Strikes and Lockouts
[Art. 278 (former 263) to Art. 281 (266)]
Strikes, Picketing and Lockouts
[Art. 278 (former 263)]
Q: What is strike?

  30  
A: Any temporary stoppage of work by concerted action before the intended before the intended
of employees as a result of an industrial or labor date of strike/lockout date of strike/lockout
dispute. [Art. 219(o), LCP] Where Labor Arbiter; Regional Branch of
Regional Branch of NCMB
Q: What is lockout? NCMB
A: Any temporary refusal of the employer to furnish work
as a result of an industrial or labor dispute. [Art. Q: When can the 15-day cooling-off period not be
219(o), LCP] applied? In other words, when does the filing of
the 15-day (ULP Cases) requirement is not
Q: What is the meaning of “Peaceful Picketing”? applicable?
A: It is the right of workers during strikes consisting of A: In case of unfair labor practice involving the dismissal
the marching to and fro before the premises of an from employment of any union officer duly elected in
establishment involved in a labor dispute, generally accordance with the union constitution and by-laws
accompanied by the carrying and display of signs, which may constitute union-busting where the
placards or banners with statements relating to the existence of the union is threatened. [Sec. 7, Rule
dispute. [DOLE Primer on Strike, Picketing and XXII, Book V, LCP-IRR]
Lockouts]
Table no. ____, Form of the Notice to Strike or
Q: What are grounds in order to declare Strike or Lockout:
Lockout? Contents of notice:
A: A strike or lockout may be declared in cases of 1. The names and addresses of the employer and the union
bargaining deadlocks and unfair labor practices. [Sec. involved;
5, Rule XXII, Book V, LCP-IRR] 2. The nature of the industry to which the employer belongs;
3. The number of union members and of workers in the
Q: What are the exceptions to declare Strike or bargaining unit;
Lockout? 4. Such relevant data as may facilitate the settlement of the
dispute, such as a brief statement or enumeration of all
A: The following are instances when strike or lockout pending labor disputes involving the same parties.
may not be declared:
Additional Contents
(1) Violations of CBA, except flagrant and malicious
Bargaining Deadlock ULP
refusal to comply with its economic provision; or
• State the unresolved issues in • State the acts
(2) Grounds involving inter-union and intra-union the bargaining negotiations
disputes, or without first having filed a notice to complained of and
and be accompanied by the
strike/lockout, or without the necessary strike or written proposals of the • The efforts taken to
lockout vote having been obtained and reported union, resolve the dispute.
• the counter-proposals of the
to the NCMB; or employer and
(3) Assumption of jurisdiction by the DOLE Secretary • the proof of a request for
or after certification or submission or during the conference to settle the
pendency of cases involving the same grounds differences.
for the strike or lockout.
Q: What is the effect when the notice does not
Q: Who may declare a strike or lockout? conform to the requirements?
A: Any certified or duly recognized bargaining A: The regional branch of the NCMB shall inform the
representative may declare a strike in cases of ULP concerned party of such fact in order for it to comply.
and Bargaining Deadlocks. On the other hand, the [Sec. 8, Rule XXII, Book V, LCP-IRR]
employer may declare a lockout in the same cases.
[Sec. 6, Rule XXII, Book V, LCP-IRR] Q: Can the notice be treated as a preventive
mediation case?
Q: Can a legitimate labor organization declare a A: YES, Upon agreement of the parties, the regional
strike? branch of the NCMB may treat a notice as a
A: YES, In the absence of a certified or duly recognized preventive mediation case. It shall also encourage
bargaining representative, any legitimate labor the parties to submit the dispute to voluntary
organization in the establishment may declare a strike arbitration. [Sec. 9, Rule XXII, Book V, LCP-IRR]
but only on grounds of ULP. [Sec. 6, Rule XXII, Book
V, LCP-IRR] Q: What are the duties of the parties in case the
notice shall undergo and during mediation and
Table no. ___, Filing a notice of strike or lockout? conciliation proceedings?
ULP Bargaining Deadlock A: The parties shall not do any act which may disrupt or
When At least 15 days At least 30 days impede the early settlement of the dispute. They are

  31
 
 obliged to bargain collectively in good faith and to
participate fully and promptly in the conciliation
meetings called by the regional branch of the NCMB.
[Sec. 9, Rule XXII, Book V, LCP-IRR]
Table no. ___, Strike or Lockout Vote manner:
In case of Union In case of Corporation,
Association or Partnership
A decision to declare a A decision to declare a lockout
strike must be approved must by a majority of the
by a majority of the total board of directors of the
corporation, association, or of
union membership in the
the partners in a partnership,
bargaining unit concerned,
obtained by a secret ballot in a
obtained by secret ballot meeting called for that
in meetings or referenda purpose.
called for that purpose.
Q: Can the DOLE supervise the conduct of secret
balloting?
A: YES, the DOLE may, at its own initiative or upon the
request of the party/ies, supervise the conduct of the
secret balloting. [Sec. 10, Rule XXII, Book V, LCP-
IRR]
Q: What is the duty of the parties regarding the
Notice of Strike/Lockout Results:
A: The union or the employer shall furnish the DOLE the
results of the voting at least 7 days before the
intended strike or lockout, subject to the cooling-off
period herein provided.
Q: What will happen if the dispute remains unsettled
after the lapse of the requisite number of days
from the filing of the notice of strike/lockout and
of the results of the election required?
A: The labor union may conduct strike or the employer
may lockout its workers. However, the regional
branch of the NCMB shall continue to mediate and
conciliate the issue/dispute. [Sec. 11, Rule XXII,
Book V, LCP-IRR]
National Interest Case; Assumption of Jurisdiction
Q: What are the conditions needed before the DOLE
Secretary assume jurisdiction over the labor
dispute?
A: When a labor dispute causes or is likely to cause a
strike or lockout in an industry indispensable to the
national interest, the Secretary of Labor may assume
jurisdiction over the dispute or certify to the NLRC
for compulsory arbitration, provided, that any of the
conditions is present:
(a) Both parties have requested the Secretary of
Labor and Employment to assume jurisdiction
over the labor dispute; or
(b) After a conference called by the Office of the
Secretary of Labor and Employment on the
propriety of its issuance, motu proprio or upon
 
request or petition by either parties to the labor
dispute.
Q: What are the effects when the DOLE Secretary
assume jurisdiction?
A: Such assumption or certification shall have the effect
of:
(a) Automatically enjoining the intended or
impending strike or lockout as specified in the
assumption or certification order;
(b) If a strike/lockout has already taken place at the
time of assumption, all striking or lockout
employee and other employees subject of the
notice of strike shall immediately return to work
and the employer shall immediately resume
operations and readmit all employees under the
same terms and conditions prevailing before the
strike or lockout;
(c) Notwithstanding the foregoing, parties to the
case may agree at any time to submit the dispute
to the DOLE Secretary or his duly authorized
representative as Voluntary Arbitrators.
Q: What is the rule on Prohibition of Law Enforcement
agencies or public officials/employees, armed
persons, private security guard during strike?
A: No public official or employees, including officers and
personnel of the Armed Forces of the Philippines
(AFP), or the PNPs, or armed person, private security
guards and similar personnel in the private security
agency shall bring in, introduce or escort in any
manner, any individual who seeks to replace strikers
in entering or leaving the premises of a strike area, or
work in place of workers. The police force shall
keepout of the picket lines, unless actual violence or
other criminal acts occur therein. [Sec. 19, Rule
XXII, Book V, LCP-IRR]
Q: What is the exception to the rule on prohibition in
the preceding question?
A: Any public officer, the DOLE Secretary or the NLRC,
may seek the assistance of law enforcement
agencies to maintain peace and order, protect life
and property, and/or enforce the law and legal order
pursuant to the provisions of the joint DOLE-DILG-
PEZA guidelines in the conduct of PNP personnel,
Economic Zone Police and security guards,
company security guards and similar personnel
during the labor disputes. [Sec. 19, Rule XXII, Book
V, LCP-IRR]
Q: Can workers/employer in hospitals, clinics, or
similar medical institutions conduct
strikes/lockouts?
A: NO, in line with the national concern for an the highest
respect accorded to the right of patients to life and
health, strikes and lockouts in hospitals, clinics and
similar medical institutions shall, to every extent
32
 possible, be avoided, and all serious efforts shall be
exhausted to substantially minimize, if not prevent,
their adverse effects on such life and health, through
the exercise of its right to strike and lockout. [Art.
278(g) (former 263(g), LCP]
Q: What are the duties of the parties in a labor
dispute adversely affecting the continued
operation of such hospital, clinics or medical
institution?
A: It shall be the duty of the striking-union or locking-out
employer to provide and maintain an effective
skeletal workforce of medical and other health
personnel, whose movement and services shall be
unhampered and unrestricted, as are necessary to
insure the proper and adequate protection of the life
and health of its patients, most specially emergency
cases, for the duration of the strike or lockout. [Art.
278(g) (former 263(g), LCP]
Q: Can the President of the Philippines exercise
jurisdiction over strikes/lockouts in an industry
indispensable to the national interest?
A: YES, The President of the Philippines shall be
precluded from determining the industries that, in his
opinion, are indispensable to the national interest,
and from intervening at any time and assuming
jurisdiction over such labor dispute in order to settle
or terminate the same. [Art. 278(g) (former 263(g),
LCP]
Q: What are industries that are indispensable to the
national interest?
A: These are the following cases:
(a) Hospital sector;
(b) Electric power industry;
(c) Water supply services, excluding small water
supply services such as bottling and refilling
stations;
(d) Air traffic control;
(e) Education institutions; and
(f) Other industries recommended by the National
Tripartite Industrial Peace Council (TIPC)
Q: Is a “Return-to-work” order interferes with
Management Prerogative?
A: NO, assumption and certification orders are executory
in character and are to be strictly complied with by
the parties, even during the pendency of any petition
questioning their validity. Accepting back workers
pursuant to a “Return-to-work” order is an obligation
mandated by law for employer to faithfully comply
with. It does not interfere with management
prerogative, but merely regulates it when, in the
exercise of such right, national interests will be
affected. Let it be noted that Management
prerogative is not absolute. [YSS Employees Union-
 
PTGWO vs. YSS Laboratories (GR no. 155125,
December 4, 2009)]
Prohibited Activities
[Art. 279 (former 264)]
a. No labor organization or employer shall declare a
strike or lockout without first having bargained
collectively in accordance with Title VII of this Book
or without first having filed the notice required in
the preceding Article or without the necessary
strike or lockout vote first having been obtained
and reported to the Ministry.
No strike or lockout shall be declared after
assumption of jurisdiction by the President or the
Minister or after certification or submission of the
dispute to compulsory or voluntary arbitration or
during the pendency of cases involving the same
grounds for the strike or lockout.
Any worker whose employment has been
terminated as a consequence of any unlawful
lockout shall be entitled to reinstatement with full
backwages. Any union officer who knowingly
participates in an illegal strike and any worker or
union officer who knowingly participates in the
commission of illegal acts during a strike may be
declared to have lost his employment status:
Provided, That mere participation of a worker in a
lawful strike shall not constitute sufficient ground
for termination of his employment, even if a
replacement had been hired by the employer
during such lawful strike.
b. No person shall obstruct, impede, or interfere with, by
force, violence, coercion, threats or intimidation,
any peaceful picketing by employees during any
labor controversy or in the exercise of the right to
self-organization or collective bargaining, or shall
aid or abet such obstruction or interference.
c. No employer shall use or employ any strike-breaker,
nor shall any person be employed as a strike-
breaker.
d. No public official or employee, including officers and
personnel of the New Armed Forces of the
Philippines or the Integrated National Police, or
armed person, shall bring in, introduce or escort in
any manner, any individual who seeks to replace
strikers in entering or leaving the premises of a
strike area, or work in place of the strikers. The
police force shall keep out of the picket lines
unless actual violence or other criminal acts occur
therein: Provided, That nothing herein shall be
interpreted to prevent any public officer from
33
 taking any measure necessary to maintain peace incomes, are not normally covered by major labor
and order, protect life and property, and/or enforce organizations or federations.”
the law and legal order. (As amended by Executive
Order No. 111, December 24, 1986) Assistance by the Institute of Labor and
Manpower Studies
e. No person engaged in picketing shall commit any act [Art. 283 (former 268)]
of violence, coercion or intimidation or obstruct the
free ingress to or egress from the employer’s “The Institute of Labor and Manpower Studies
premises for lawful purposes, or obstruct public shall render technical and other forms of assistance to
thoroughfares. labor organizations and employer organizations in the
field of labor education, especially pertaining to collective
Improved Offer Balloting bargaining, arbitration, labor standards and the Labor
[Art. 280 (former 265)] Code of the Philippines in general.”

In case of a strike In case of lockout Chapter 3

(1st Paragraph)
In an effort to settle a strike, the
Department of Labor and
Employment shall conduct a
referendum by secret ballot on
the improved offer of the
employer on or before the 30th
day of the strike. When at least
a majority of the union
members vote to accept the
improved offer the striking
workers shall immediately
return to work and the employer
shall thereupon readmit them
upon the signing of the
agreement.
Requirement for Arrest and Detention
[Art. 281 (former 266)]
(2nd paragraph)
In case of a lockout, the
Department of Labor and
Employment shall also
conduct a referendum by
secret balloting on the
reduced offer of the union
on or before the 30th day of
the lockout. When at least a
majority of the board of
directors or trustees or the
partners holding the
controlling interest in the
case of a partnership vote to
accept the reduced offer,
the workers shall
immediately return to work
and the employer shall
thereupon readmit them
upon the signing of the
agreement.
Foreign Activities
[Art. 284 (former 269) to Art. 286 (former 271)]
Prohibition Against Aliens; Exceptions
[Art. 284 (former 269)]
General Rule: All aliens, natural or juridical, as well as
foreign organizations are strictly prohibited from
engaging directly or indirectly in all forms of trade union
activities
Exceptions:
(a) Without prejudice to normal contacts between
Philippine labor unions and recognized international
labor centers:
(b) Provided, however, That aliens working in the
country with valid permits issued by the Department
of Labor and Employment, may exercise the right to
self-organization and join or assist labor
organizations of their own choosing for purposes of
collective bargaining: Provided, further, That said
aliens are nationals of a country which grants the
same or similar rights to Filipino workers.”

“Except on grounds of national security and Regulation of Foreign Assistance

public peace or in case of commission of a crime, no
union members or union organizers may be arrested or
detained for union activities without previous
consultations with the Secretary of Labor.”
Chapter 3
Assistance to Labor Organizations
[Art. 282 (former 267) to Art. 283 (former 268)]
Assistance by the Department of Labor
[Art. 282 (former 267)]
“The Department of Labor, at the initiative of the
Secretary of Labor, shall extend special assistance to the
organization, for purposes of collective bargaining, of the
most underprivileged workers who, for reasons of
occupation, organizational structure or insufficient
 
[Art. 285 (former 270)]
Q: What is the rule on regulations of foreign
assistance?
A: No foreign individual, organization or entity may give
any donations, grants or other forms of assistance, in
cash or in kind, directly or indirectly, to any labor
organization, group of workers or any auxiliary
thereof, such as cooperatives, credit unions and
institutions engaged in research, education or
communication, in relation to trade union activities,
without prior permission by the Secretary of Labor.
[Art. 285(a), LCP]
Q: What is the meaning of “trade union activities?
A: It shall mean:
1. Organization, formation and administration of
labor organization;
34
 2. Negotiation and administration of collective barred from reentering found guilty shall be
bargaining agreements; the country without
summarily deported
special permission of
3. All forms of concerted union action; the Phil. President. This upon completion of
4. Organizing, managing, or assisting union is upon service of sentence.
conventions, meetings, rallies, referenda, teach- recommendation of
ins, seminars, conferences and institutes; DOLE & DND
5. Any form of participation or involvement in Jurisdiction Concurrent MTC and RTC
Clearance Subject to DOLE’s None/no similar
representation proceedings, representation Clearance requirement
elections, consent elections, union elections; requirement provision.
on cases arising out of
and or related to labor
6. Other activities or actions analogous to the dispute pursuant to
DOJ Circular no. 15
foregoing. (1982) and no. 9 (1986)
in connection with BP.
Q: What are other acts covered by the regulation? 227
A: These are foreign donations, grants or other forms of Effect of Shall preclude the None/no similar
assistance, in cash or in kind, given directly or prosecution prosecution for the provision
indirectly to any employer or employer’s organization under the same act under the
to support any activity or activities affecting trade Labor Code RPC
unions. [Art. 285(b), LCP]

Q:What is the rule making power of the DOLE

Secretary?
A: The Secretary of Labor shall promulgate rules and
regulations to regulate and control the giving and
receiving of such donations, grants, or other forms of
assistance, including the mandatory reporting of the
amounts of the donations or grants, the specific
recipients thereof, the projects or activities proposed
to be supported, and their duration. [Art. 285(c), LCP]

Applicability to Farm Tenants and Rural Workers

[Art. 286 (former 271)]

“The provisions of this Title pertaining to foreign

organizations and activities shall be deemed applicable
likewise to all organizations of farm tenants, rural
workers, and the like: Provided, That in appropriate
cases, the Secretary of Agrarian Reform shall exercise
the powers and responsibilities vested by this Title in the
Secretary of Labor.”

Chapter 4
Penalties for Violation
[Art. 287 (former 272)

Table no. ____, Matrix between Art. 287 (former 272)

vs. Art. 303 (former 288) of the Labor Code:
Provision Art. 287 (272) Art. 303 (288)
Acts & Prohibited Any violation of the
Omissions activities under Art. LCP that declared to
punished 279 (264) of LCP be unlawful or penal
in nature
Penalties • Fine: Not less than Php. 1,000 nor more
than Php. 10,000
• Imprisonment: not less than 3 month but not
more than 3 years
Effect of Immediate and In addition to such
summary deported, and
guilty alien penalty, any alien
shall be permanently

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