labor two law notes

7/23/2019 Labor Two Law Notes

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BOOK FIVE

LABOR RELATIONS

Title I

POLICY AND DEFINITION

Chapter I

POLICY

rt. 218. DECLARATION OF POLICYA. It is the pli!" # the State$

a. T pr%te a&' e%phasi(e thepri%a!" # #ree !lle!ti)e *ar+ai&i&+a&' &e+tiati&s, i&!l-'i&+)l-&tar" ar*itrati&, %e'iati&, a&'!&!iliati&, as %'es # settli&+la*r r i&'-strial 'isp-tes

*. T pr%te #ree tra'e -&i&is% asa& i&str-%e&t #r the e&ha&!e%e&t# 'e%!ra!" a&' the pr%ti& #s!ial /-sti!e a&' 'e)elp%e&t

!. T #ster the #ree a&' )l-&tar"r+a&i(ati& # a str&+ a&' -&ite'la*r %)e%e&t

'. T pr%te the e&li+hte&%e&t #0rers !&!er&i&+ their ri+hts a&'*li+ati&s as -&i& %e%*ers a&' ase%pl"ees

e. T pr)i'e a'e-ate a'%i&istrati)e%a!hi&er" #r the e3pe'iti-ssettle%e&t # la*r r i&'-strial'isp-tes

#. T e&s-re a sta*le *-t '"&a%i! a&'/-st i&'-strial pea!e a&'

+. T e&s-re the parti!ipati& #0rers i& 'e!isi& a&' pli!"%ai&+ pr!esses a4e!ti&+ theirri+hts, '-ties a&' 0el#are.

B. T e&!-ra+e a tr-l" 'e%!rati! %eth' #re+-lati&+ the relati&s *et0ee& thee%pl"ers a&' e%pl"ees *" %ea&s #a+ree%e&ts #reel" e&tere' i&t thr-+h!lle!ti)e *ar+ai&i&+, & !-rt ra'%i&istrati)e a+e&!" r 5!ial shall ha)ethe p0er t set r 63 0a+es, rates # pa",h-rs # 0r, r ther ter%s a&'!&'iti&s # e%pl"%e&t, e3!ept asther0ise pr)i'e' -&'er this C'e.

VERVIE7 AND VIE7POINT

La*r Sta&'ar's the minimum terms and

conditions (T and C) of employment to whichemployees are legally entitled and with whichemployers must comply.

La*r Relati&s the interactions between the

employer and the employees or theirrepresentatives and the mechanism by whichthe standards and other T and C of employmentare negotiated, adjusted and enforced.

Policy objective t attai& s!ial /-s

thr-+h i&'-strial pea!e a&' pr+ressprogress of both the enterprise and its peopl#ey element of the progress is employparticipation signi%ed in collective interactbetween employer and employees.

Collective labor relations process starts w

wor#ers organi&e themselves into a unionsome other form of association.

The labor organi&ation itself must democratically governed and should be from employer$s interference.NOTE$ If the employer tries to interfere withworkers organizational rights, he commUNFAIR LABOR PRACTICE (UPL).

'ain objective of the union is to represent to

employer the needs and interests of employees, the employees should spea# in voice, hence they need to select only one unas their representative.

or# stoppage is not favored by law.

recogni&ed as a legal right but regulated a

the purpose and manner of doing it. stoppage, because it is counterproductive, is has to be considered a measure of last resort

*nown as strieby employees

*nown as l!-tby the employer

Clle!ti)e Bar+ai&i&+ A+ree%e&t CBA

the agreement reached embodied in a lacontract.

t must be rati%ed by the employees

t must be registered with +-

/T If unregistered, it is v

and binding between the partit is the law between them.

ts e!&%i! pr)isi&s re&e+tiate' &t later tha& th"ears, while the -&i& represe&tatsta"s -&'ist-r*e' #r 6)e "ears.

ith or without C0", la*

%a&a+e%e&t relati&s in the privsector is essentially i&terpart". means than employer and employthemselves must deal with their problin a manner most comfortable to them

The inter1party relations is the reason the l

policy prefers voluntary instead of compulmodes of dispute settlement. The +)er&%steps i& &l" 0he& the parties the%sel#ail t rea!h a& a+ree%e&t, r 0he& 'isre+ar's the 'e6&e' ri+hts # the the

;rie)a&!e %a!hi&er" an in1house prob

solving structure re2uired in C0"s.f the machinery fails, the par

themselves are free to select any tparty, called )l-&tar" ar*itratrresolve their di3erences.

f the parties are observing the l

boundaries, the government, if invited in, is an intruder.

/otes on -abor 4elations by Terence 5aldehue&a


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hen the dispute violates the rights of

others or is accompanied by violence orother illegal acts, then the injunctivepower of the 7tate may be invo#ed.

"rt. 6899 of the /ew Civil Code provides, :Therelations between capital and labor are notmerely contractual. They are so impressed withpublic interest that labor contracts must yield tothe common good.;

"rt. 6< of the /ew Civil Code provides, :veryperson must, in the e=ercise of his rights and inthe performance of his duties, act with justice,give everyone his due, and observe honesty andgood faith.;

7ORKERS< OR;ANI=ATION

La*r r Tra'e >&i& a combination of

wor#men organi&ed for the ultimate purpose ofsecuring through united action the mostfavorable conditions as regards wages, hours oflabor, conditions of employment, etc., for itsmembers.

hile every labor union is a labor organi&ation,not every labor organi&ation is a labor union. Thedi3erence is one of organi&ation, compositionand operation.

7?Y 7ORKERS OR;ANI=E

The basic urge which leads wor#ers to organi&e

is the h-%a& 'ri)e t0ar' sel#:a')a&!e%e&t.

ne of the basic purposes of a labor union is to

eli%i&ate !%petiti& a%&+ e%pl"ees i&the la*r %aret. -abor union see#s toe=ercise the power of a monopolist.

ther human desires should be noted among theforces that led wor#ers to organi&e1. Desire #r /* se!-rit">. E%pl"ees 0ishe' t s-*stit-te 0hat

0e sh-l' ter% @the r-le # la0 #r thear*itrar" a&' #te& !apri!i-s e3er!ise# p0er *" the *ss.

?. >&i&s helpe' t +i)e e%pl"ees ase&se # parti!ipati& i& the *-si&esse&terprises # 0hi!h the" are part afunction of labor unions which becameimportant as organi&ations spread into massproduction industries.

The union is the recogni&ed instrumentality andmouthpiece of the laborers. nly through theunion can the laborers e=ercise the right ofcollective bargaining and enjoy other privileges.

7ORKERS< PARTICIPATION IN POLICY:AKIN;

mployee participation is the constitutional right

of wor#ers to :participate in policy and decision1ma#ing processes a3ecting their rights andbene%ts as may be provided by law.;

Participatory or consultative management is not

just a theory or variety of management style. t

is a matter of law because the rightemployees to participate in policy1 or decisma#ing on matters a3ecting their rights, dutbene%ts or welfare is guaranteed in Constitution and reinforced in the -abor Cand 7upreme Court rulings.

C?APTER II

DEFINITIONSArt. 21. DEFINITIONS

333e. E%pl"er any person acting in the interes

an employer, directly or indirectly. The term snot include any organi&ation or any of its o@or agents e=cept when acting as employer.

#. E%pl"ee any person in the employ ofemployer. The term shall not be limited to employees of a particular employer, unlessCode so e=plicitly states. t shall include individual whose wor# has ceased as a resuor in connection with any current labor dispor because of any unfair labor practice if he not obtained any other substantially e2uivaand regular employment.

+. La*r r+a&i(ati& any union or associaof employees which e=ists in whole or in partthe purpose of collective bargaining or of deawith employers concerning T and Cemployment.

h. Le+iti%ate la*r r+a&i(ati& any laorgani&ation duly registered with +epartment of -abor and mployment, includes any branch or local thereof.

i. C%pa&" -&i& any labor organi&ation whformation, function or administration has bassisted by any act de%ned as unfair lapractice by this Code.

/. Bar+ai&i&+ represe&tati)e a legitimlabor organi&ation whether or not employedthe employer.

. >air la*r pra!ti!e any unfair lapractice as e=pressly de%ned by the Code.

l. La*r 'isp-te any controversy or maconcerning terms and conditions of employmor the association or representation of personnegotiating, %=ing, maintaining, changingarranging the terms and conditions

employment, regardless of whether disputants stand in the pro=imate relationemployer and employee.

%. a&a+erial e%pl"ee is one who is vewith the powers or prerogatives to lay down e=ecute management policies andAor to htransfer, suspend, lay1o3, recall, dischaassign or discipline employees. S-per)ise%pl"ees are those who, in the interest ofemployer, e3ectively recommend smanagerial actions if the e=ercise of sauthority is not merely routinary or clerica



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nature but re2uires the use of independentjudgment."ll employees not falling within any ofthe above de%nitions are consideredra&:a&':6le e%pl"ees for purposes of this 0oo#.

&. Vl-&tar" Ar*itratr any person accreditedby the 0oard as such or any person named ordesignated in the Collective 0argaining"greement by the parties to act as their5oluntary "rbitrator, or one chosen with orwithout the assistance of the /ationalConciliation and 'ediation 0oard, pursuant to aselection procedure agreed upon in theCollective 0argaining "greement, or any o@cialthat may be authori&ed by the 7ecretary of-abor and mployment to act as 5oluntary"rbitrator upon the written re2uest andagreement of the parties to a labor dispute.

1. Strie any temporary stoppage of wor# by theconcerted action of employees as a result of anindustrial or labor dispute.

2. L!-t any temporary refusal of an employerto furnish wor# as a result of an industrial orlabor dispute.

. I&ter&al -&i& 'isp-te includes all disputesor grievances arising from any violation of ordisagreement over any provision of theconstitution and by laws of a union, includingany violation of the rights and conditions ofunion membership provided for in this Code.

. Strie:*reaer any person who obstructs,impedes, or interferes with by force, violence,coercion, threats, or intimidation any peacefulpic#eting a3ecting wages, hours or conditions ofwor# or in the e=ercise of the right of self1organi&ation or collective bargaining.

B. Strie area the establishment, warehouses,

depots, plants or o@ces, including the sites orpremises used as runaway shops, of theemployer struc# against, as well as theimmediate vicinity actually used by pic#etingstri#ers in moving to and fro before all points ofentrance to and e=it from said establishment.

PLOYER:EPLOYEE RELATIONS?IP EER9SSENTIAL

The e=istence of 4 is determined by the followingelements

a. 7election and engagement of the employeeb. Payment of wages

c. Power to dismiss andd. Power to control the employee$s conduct.

7?O ARE EPLOYEES

The term e%pl"ee$

6. 7hall include any employee>. "nd shall not be limited to the employee of

any particular employer unless the "cte=plicitly states otherwise and

?. 7hall include any individual

a. hose wor# has ceased asconse2uence of, or in connecwith, any labor dispute and

b. ho has not obtained substantially e2uivalent and regemployment.

E%pl"ee(as de%ned in + /o. D919? in th

of 0oo# 5 of the -abor Code) is any pewor#ing for an employer. t includes one wh

wor# has ceased in connection with any curlabor dispute or because of any unfair lapractice and one who has been dismissed fwor# but the legality of the dismissal is becontested in a forum of appropriate jurisdictio

E%pl"er (as de%ned in the same +

refers to any person or entity who employsservices of others, one for whom employwor# and who pays their wages or salaries. term includes any person directly or indireacting in the interest of an employer. t shall refer to the enterprise where a laorgani&ation operates or see#s to operate.

The nature of :labor dispute; does not re2that the disputants should stand in pro=imate relation of an employer employee, with conse2uent protection concerted activities carried out by many persbelonging to several employers.

@O&e 0hse 0r has !ease'G

Cessation of wor# due to stri#e or loc#out, o

dismissal or suspensions consisting unfair lapractices, does not itself a3ect the :employstatus, in the sense that the rights and beneof the employee are protected as though th

had been no interruption of service, e3ecupon the actual return to wor#.

LABOR OR;ANI=ATION LOr+9 AS AN EPLOYER

-rg may be deemed as an employer when

acting such in a relation to persons rendeservices under hire, particularly in connectfor pro%t or gain. "n organi&ation may ostensbe a labor union, but it may attain the statuan ordinary business concern in the pursuit particular line of business.

LABOR DISP>TE

Test whether a labor controversy comes wthe de%nition of a labor dispute 'epe&'s0hether it i&)l)es r !&!er&s ter!&'iti&s # e%pl"%e&t represe&tati&.

ven the 2uestion of 4 can be considere

:labor dispute.;

LABOR DISP>TES AND REEDIES$ A S>ARYDe6&iti&

La*r Disp-te includes any controversy

matter concerning T and C of employment orassociation or representation of persons



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negotiating, %=ing, maintaining, changing orarranging the T and C of employment, regardlessof whether the disputants stand in the pro=imaterelation of employer and employee.

ests r Criteria # La*r Disp-teA. Nat-re$ +ispute arises from 4, although the

disputants need not be pro=imately employee oremployer of the other.

B. S-*/e!t atter$+ispute concerns6. Terms or conditions of employment>. "ssociation or representation of persons

in negotiating, %=ing, maintaining, orchanging terms or conditions ofemployment.

i&'s # La*r Disp-teA. La*r Sta&'ar' Disp-tes$

6. Compensation>. 0ene%ts?. or#ing conditions

B. La*r Relati&s Disp-tes6. rgani&ational right disputeAE-P>. 4epresentation disputes?. 0argaining disputesD. Contract "dministrationAPersonnel Policy

disputesB. mployment tenure disputes

C. Re%e'ies i& La*r Disp-tes6. Grievance procedure in1house

adjustment complaint, problem or disputefollowing the steps prescribed in the C0"or company policy.

>. Enforcement or compliance order an actof the 7ecretary of -abor (7-) in thee=ercise of his visitorial or administrative

authority under "rticle 6>F to enforcelabor laws, policies, plans or programs, orrules and regulations.

?. erti!cation of bargainingrepresentatives "determination of whichcontending unions shall representemployees in collective bargaining.

D. #ssumption $urisdiction " an authorityvested by law to the 7- or the Presidentto decide a dispute causing or li#ely tocause a stri#e or loc#out in an industryindispensable to national interest.

B. erti!cation to %&' "an action of the

7- empowering /-4C to compulsorilyarbitrate a dispute causing or li#ely tocause a stri#e or loc#out in an industryindispensable to national interest.NOTE$ Either @ass-%pti& r@!erti6!ati& a-t%ati!all" e&/i&sa& &+i&+ r i%pe&'i&+ strie rl!-t. A ret-r&:t:0r r'er isiss-e' t striers at the sa%e ti%ethe e%pl"er is r'ere' ti%%e'iatel" res-%e perati&s a&'rea'%it all 0rers -&'er the sa%e

T a&' C pre)aili&+ the strie r l!-t.

G. In$unction " an e=traordinary rem0hi!h is &t #a)re' i& la*r la00rit # i&/-&!ti& is issued to storestrain an actual or threatecommission of prohibited or unlawful or to re2uire the performance of an which if not restrained or performforthwith, may cause grave or irrepardamage to any party or render ine3ecany decision in favor of such party.NOTE$ As a r-le, a& i&/-&!ti& rr'er t pre)e&t r stp a& a!a)i'e' i& la*r 'isp-te.

8. (udicial action " complaint %led regular court in cases falling under

jurisdiction.F. #ppeal "the process by which an or

decision, or award is elevated to a higauthority on speci%ed grounds, so the order, decision or award maymodi%ed or set aside and a new issued.NOTE$ A'%i&istrati)e re%e'sh-l' *e a)aile' #, as a r*e#re a++rie)e' part %a" +!-rt. This is the le+al r-le &0&EH?A>STION OF ADINISTRATREEDIES.


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NOTE$ A 'e!isi& # a& ar*itratr, #te&re#erre' t as a& ar*itral a0ar', *i&' the'isp-ta&ts as a !-rt )er'i!t 'es.


labor two law notes

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