LABOR LAW
1. What is the State's basic policy on labor? The State shall: (APERA)
a. Afford protection to labor;
b. Promote full employment;
c. Ensure equal work opportunities regardless of sex, race or creed;
d. Regulate the relation between workers and employers; and
e. Assure the rights of workers to:
i. Self-organization;
ii. Collective bargaining;
iii. Security of tenure; and
iv. Just and humane conditions of work (Article 3, Labor Code, as amended)
2. What are the rights of the workers as guaranteed by the 1987 Constitution?
LABOR STANDARDS. RIGHTS TO [TWSH]
a)
b)
c)
d)
Security of Tenure.
Receive a Living Wage.
A just Share in the fruits of production; and
Work under Humane conditions.
LABOR RELATIONS; RIGHT TO [COPE]
a)
b)
c)
d)
Conduct Collective bargaining or negotiation
with management.
Organize themselves.
Participate in policy and decision-making
processes; and
Engage in peaceful concerted activities
including strike (Ibid)
3. Explain direct employment relationships under the Labor Code; independent contractors,
and legitimate contractor/subcontractors.
DIRECT EMPLOYMENT
INDEPENDENT
LEGITIMATE
RELATIONSHIP
CONTRACTOR
CONTRACTORS/SUBCONTRACTOR
a.
b.
c.
d.
e.
Regular employees – those who
perform work that is usually
necessary or desirable in the
employer’s business; or one who
has rendered at least one year of
service, whether such service is
continuous or broken with
respect to the activity in which
he is employed and his
employment shall continue while
such activity exists;
Project or seasonal employment
– perform tasks that lasts for a
specific period and duration;
Fixed Term Employment – an
employee is hired for a fixed
period, whose work may be
necessary or desirable to the
usual business of the employer
The principal test in determining
whether an employee is a project
employee is whether he/she
is assigned to carry out a
“specific
project
or
undertaking,” the duration
and scope of which are
specified at the time the
employee is engaged in the
project, or where the work or
service to be performed is
seasonal in nature and the
employment is for the duration
of the season.
Casual employees – those who
perform work which are not
necessary and desirable to the
usual business of the employer
One who carries on a distinct
and independent business
and undertakes to perform
the job, work, or service on
its own account and under
one’s own responsibility
according to one’s own
manner and method, free
from
the
control
and
direction of the principal in all
matters connected with the
performance of the work
except as to the results
thereof.
The contractor subcontractor complies
with DO-174 and:
a.
b.
c.
d.
Is engaged in a distinct and
independent
business
and
undertakes to perform the work on
its own manner and method;
Has substantial capital in the form
of tools, equipment, machinery and
supervision;
In performing the work farmed out,
the contractor/subcontractor is
free from control/direction of the
principal, except as to the result
thereto;
Has a Service Agreement ensuring
compliance with all rights and
benefits for all the employees of
the contractor/subcontractor.
(Jovero vs. Cerio, G.R. No. 202466, June 23, 2021, J. Hernando, Ditiangken vs. Lazada E-services Philippines, G.R. No. 246892,
September 21, 2022)
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4. Does performance of core activities by contractual workers render the contractual
arrangement illegal?
No, it is not the performance of core activities per se that makes a contracting arrangement illegal, but
rather, a clear showing that the resort to such an arrangement was done specifically to violate the
employee’s right to security of tenure and payment of benefits to which he is entitled. (BPI Employees
Union-Davao vs. Bank of the Philippine Islands, G.R. No. 174912, July 24, 2013)
5. What is the Principle of Co-Determination and the Right of Shared Responsibility?
The principle of co-determination refers to the right of employees to participate in policy and decision
making processes directly affecting their rights and benefits. On the other hand, the right of shared
responsibility grants the employers and employees to enter into arbitration and the preferential use of
voluntary modes in settling disputes. (Art XIII, Sec. 3 par 2 & 3, 1987 Constitution)
6. What is the Reasonable Causal Connection Rule?
The case is within the jurisdiction of the labor courts if there is a reasonable causal connection between
the claim asserted and employer-employee relations, otherwise, it is the regular courts that have
jurisdiction. Hence, money claims of workers which do not arise out of or in connection with their
employer-employee relationship, then it will fall within the general jurisdiction of the regular courts.
(Indophil Textile Mills, Inc. v Engr. Adviento, G.R. No. 171212, August 4, 2014)
7. What is the employee’s right to “Security of Tenure”?
The Labor Code provides for security of tenure in this manner: In cases of regular employment, the
employer shall not terminate the services of an employee except for just cause or when authorized by
the Code. (Art. 294, Labor Code, as amended) That guarantee is an act of social justice. (Inter-Asia Development
Bank vs. Pereña, G.R. No. 213627, April 5, 2022)
8. Where may OFWs be deployed?
OFWS may be deployed to countries that:
a. Have existing labor and social laws protecting the rights of workers, including migrant workers;
b. Is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to
the protection of workers, including migrant workers; and
c. Have concluded a bilateral agreement or arrangement with the government on the protection of
the rights of overseas Filipino Workers. (Sec. 3, R.A. 10022)
9. What instances may Philippine Labor Laws be made applicable?
a. When no foreign law was expressly stipulated in an employment contract which was
executed in the Philippines, then the domestic labor laws shall apply (lex loci contractus as applied
b.
c.
in Sameer Overseas vs. Cabiles, G.R. No. 170139, August 05, 2014).
When the foreign law was not proven pursuant to Rules of Court, apply the local law
(doctrine of processual presumption as applied in EDI Staffbuilders vs. NLRC, G.R. No. 145587, October 26, 2007).
When the foreign law stipulated is contrary to law, morals, good customs, public order
or public policy, then Philippine laws govern. (Art. 1306, NCC as applied in Pakistan Airlines vs. Ople, G.R.
No. 61594, September 28, 1990.)
10. Are family drivers covered by the Labor Code?
No, due to the express repeal of the Labor Code provisions pertaining to househelpers, which includes
family drivers, by the Kasambahay Law and the non-applicability of the Kasambahay Law to family
drivers, the Civil Code provisions apply where the wages of family drivers shall be governed by their
contractual arrangements with the households they are rendering service for. (Atienza vs. Saluta, G.R.
233413, June 17, 2019)
11. Who has the burden of proof in monetary claims?
Incurred in normal course of business
Not incurred in normal course of business
(Minsola vs. New City Builders, Inc., G.R. No. 207613, January 31, 2018)
EmployER
EmployEE
12. Who has the burden of proof in illegal dismissal cases?
Existence of ER-EE relationship
EmployEE
Fact of Dismissal
EmployEE
Validity of Dismissal or compliance with EmployER
Substantive and Procedural Due Process
(Italkarat vs. Gerasmio, G.R. No. 221411 September 28, 2020, Gososo v. Leyte Lumber Yard and Hardware Inc., G.R No. 205257
January 13, 2021, J. Hernando)
13. What cases are within the original and exclusive jurisdiction of the POEA?
a) All cases which are administrative in character, involving or arising out of violations of Rules and
Regulations relating to licensing and registration, including refund of fees collected from the
workers and violation of the conditions for issuance of license to recruit workers; and
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b) Disciplinary action cases and other special cases, which are administrative in character, involving
employers, principals, contracting partners and OFWs processed by the POEA. (Section 6, Rule X, IRR,
R.A. 10022)
14. May an accused be simultaneously prosecuted for Estafa and Illegal Recruitment?
Yes. Illegal recruitment and estafa cases may be filed simultaneously or separately. Conviction for
offenses under the Labor Code does not bar conviction for offenses punishable by other laws.
Conversely, conviction for estafa under par. 2 (a) of Art. 315 of the Revised Penal Code does not bar
a conviction for illegal recruitment under the Labor Code. (People vs. Rios y Catagbui, G.R. 226140, February
26, 2020)
15. Who are required to secure an Alien Employment Permit (AEP)?
1. Any alien seeking admission to the Philippines for employment purposes, and
2. Any domestic or foreign employer who desires to engage an alien for employment in the
Philippines. (Article 40, Labor Code)
16. What are the types of illegal recruitment?
Simple Illegal
Recruitment
a.
Illegal recruitment committed by a person who has no valid license or authority
against one or two persons only, and
b. He undertakes either any activity within the meaning of “recruitment and
placement” defined under Art. 13(b) or any prohibited practices under Art. 34 of
the Labor Code (Section 5, RA No. 10022)
Illegal Recruitment as Economic Sabotage
Syndicated
illegal
recruitment
Large scale or qualified – [a and b above] third
committed by a syndicate if carried out
element: that the offender commits any of the acts of
by a group of three (3) or more
recruitment and placement against three or more persons,
persons in conspiracy or confederation
individually or as a group.
with one another. (People vs. David, G.R. No.
233089, June 29, 2020)
NB: that it must be shown that the accused gave the
complainants the distinct impression that [he or she] had the
power or ability to deploy the complainants abroad in [such]
a manner that they were convinced to part with their money
for that end.
(People of the Philippines vs. Oliver Imperio y Antonio, G.R. No. 232623, October 05, 2020, J. Hernando)
17. What is the Labor Market Test (LMT)?
The Labor Market Test (LMT) is a mechanism to determine the non-availability of a Filipino citizen
who is competent, able, and willing at the time of application to perform the services for which
employment of a foreign national is desired. (Section 1, Revised Rules and Regulations for the Issuance of
Employment Permits to Foreign Nationals, D.O. 221, Series of 2021)
18. Explain the requisites for validly prohibiting marriage between an employee and
competitor employees.
To justify such a policy, it must be in the nature of a bona fide occupational qualification (BFOQ),
which requires:
1. that the employment qualification is reasonably related to the essential operation of the job
involved; and
2. that there is a factual basis for believing that all or substantially all persons meeting the
qualification would be unable to properly perform the duties of the job. (Star Paper Corporation vs.
Simbol, G.R. No. 164774, April 12, 2006).
19.
Explain the Reasonable Business Necessity Rule.
A reasonable business necessity must be clearly shown to excuse a discriminatory exercise of
management prerogative. The employer has the burden to prove the existence of a reasonable
business necessity. (Dela Cruz-Cagampan vs. One Network Bank, Inc., G.R. 217414, June 22, 2022)
20.
What are the various pay rates?
Overtime
Ordinary
0%
125%
Rest Day
130%
169%
Special Holiday
30%
169%
Legal Holiday
200%
260%
Special Holiday Rest Day
150%
195%
Legal Holiday Rest Day
260%
338%
Double Holiday
160%
338%
Double Holiday Rest Day
300%
390%
Add Night Shift Differential of 10% of the hourly rate for work for each hour rendered between
10:00PM to 6:00AM
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21.
Who are exempted from the distribution of service charges?
Managerial employees are exempted from the distribution of service charges, as it is distributed
completely and equally among covered workers. (Section 1, R.A. 11360)
22.
Under the OSH Law, what is the employee’s right to refuse unsafe work?
It refers to the right of the worker to refuse to work without threat or reprisal from the employer if,
as determined by the DOLE, an imminent danger situation exists in the workplace that may result in
illness, injury or death, and corrective actions to eliminate the danger have not been undertaken by
the employer. (Section 6, RA 11058)
23.
Aside from the DOLE, who else may determine an imminent danger situation exists that
is sufficient for an employee to refuse unsafe work?
The safety officer, following his/her determination and without fear of reprisal, implement a work
stoppage or suspend operations in cases of imminent danger. (Section 6, DO No. 198-2018)
24. What are the prohibited forms of employment discrimination?
As to Age (R.A. 10911)
As to Gender (R.A. 9710)
As to Disability (Sec. 32, R.A.
No. 7277)
25.
It shall be the policy of the State to prohibit arbitrary age limitations in
employment.
The State realizes that equality of men and women entails the abolition
of the unequal structures and practices that perpetuate discrimination
and inequality.
No entity, whether public or private, shall discriminate against a qualified
disabled person by reason of disability in regard to job application
procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges
of employment.
What are the salient features of Mental Health Act?
● The employers shall develop appropriate policies and programs on mental health issues, correct
the stigma and discrimination associated with mental conditions, identify and provide support for
individuals with mental health conditions to treatment and psychosocial support. (Section 25, R.A.
No. 11036)
●
26.
Confidentiality of records pertaining to mental health.
Who are excluded from the compulsory coverage of the GSIS Law?
The following are excluded from the compulsory coverage of the GSIS law:
1. Uniformed personnel of the:
a. Philippine National Police (PNP) (Section 3.1, Rule II, RIRR, R.A. 8291);
b. Bureau of Fire Protection (BFP) (Ibid);
c. Armed Forces of the Philippines (AFP) (Ibid);
d. Bureau of Jail Management and Penology (BJMP) (Ibid);
2. Barangay and Sanggunian officials who are not receiving fixed monthly compensation (Section
3.2, Rule II, RIRR, R.A. 8291);
3. Contractual Employees who are not receiving fixed monthly compensation (Section
3.3, Rule II, RIRR, R.A. 8291); and
4. Employees who do not have monthly regular hours of work and are not receiving
fixed monthly compensation (Section 3.4, Rule II, RIRR, R.A. 8291);
27.
What are the elements for compensability of Injury or Illness under POEA-SEC?
a. the injury or illness must be work-related; and,
b. the work-related injury or illness must have existed during the term of the seafarer's employment
contract. (Paglinawan vs. Dohle Philman Agency, G.R. No. 230735, April 4, 2022, J. Hernando)
28.
What are the mandatory reporting requirements for a seafarer to claim disability
benefits?
a. 3-day rule from disembarkation - the seafarer must submit himself to post-employment medical
examination within 3 days from disembarkation.
b. The company-designated physician must issue a final medical assessment on the seafarer's
disability grading within a period of 120 days from the time they reported to him.
c. If the company-designated physician fails to give his assessment within the period of 120 days,
without justifiable reason, then the seafarer's disability becomes permanent and total;
d. If the company-designated physician fails to give his assessment within the period of 120 days
with a sufficient justification, then the period of diagnosis and treatment shall be extended to
240 days. The employer has the burden to prove that the company-designated physician has
sufficient justification to extend the period; and
e. If the company-designated physician still fails to give his assessment within the extended period
of 240 days, then the seafarer's disability becomes permanent and total, regardless of any
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f.
justification.
Third-Doctor Rule - When the company-designated physician’s report and the seafarer’s own
doctor are contradictory, a referral to a third-doctor mutually agreed by the parties is mandatory
to settle the issue.
NB: Non-compliance with the post-employment medical examination requirement is tantamount to
a waiver or forfeiture of any right to claim disability benefits. (Edgardo I. Mabalot vs. Maersk-Filipinas Crewing,
Inc., G.R. No. 224344 September 13, 2021, J. Hernando, Ville vs. Maersk-Filipinas Crewing, Inc. G.R. No. 217879, February
01, 2021, J. Hernando)
29.
What are the grounds for cancellation of registration of a Legitimate labor organization?
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 statements 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. (Art. 247, Labor Code, as amended)
30.
What are the modes of determining the SEBA? Briefly discuss each mode.
Voluntary recognition
Certification election
Consent election
Voluntary recognition
31.
A legitimate labor union is voluntarily recognized by the employer as the
exclusive bargaining representative or agent in a bargaining unit. The
recognition must be reported with the Regional Office
Process of determining through secret ballot the sole and exclusive bargaining
agent of the employees. It is conducted only upon the order of the Med-Arbiter.
Run-off Election refers to an election between the labor unions receiving the two
(2) highest number of votes in a certification election or consent election with
three (3) or more choices, where such a certification election or consent election
results in none of the three (3) or more choices receiving the majority of the
valid votes cast, provided that the total number of votes for all contending unions
is at least fifty percent (50%) of the number of votes cast.
Re-Run Elections justified if certain irregularities have been committed during
the conduct of the certification election such as, inter alia, disenfranchisement
of the voters, lack of secrecy in the voting, fraud or bribery, in which case, the
certification election should be invalidated. Such invalidation would necessitate
the conduct of a re-run election among the contending unions to determine the
true will and desire of the employee-electorates.
Process of determining through secret ballot the sole and exclusive
representative of the employees. It is voluntarily agreed upon by the parties,
with or without the intervention of the DOLE.
A legitimate labor union is voluntarily recognized by the employer as the
exclusive bargaining representative or agent in a bargaining unit. The
recognition must be reported with the Regional Office
What are the requisites for the validity of union dues and special assessments?
1. Authorized by a written resolution of a majority of all the members in a general membership
meeting duly called for the purpose.
2. The secretary’s record of the minutes of the meeting
3. The record shall be attested to by the president. (Article 250[n], Labor Code, as amended)
32. Discuss the procedural requirements of a strike.
a. It must be based on either a collective bargaining deadlock or an unfair labor practice.
b. A notice of strike must be filed with the NCMB-DOLE;
c. A notice must be served to the NCMB-DOLE at least 24 hours prior to the taking of the strike
vote by secret balloting, informing said office of the decision to conduct a strike vote, and the
date, place, and time thereof;
d. A strike vote must be taken where a majority of the members of the union obtained by secret
ballot in a meeting called for the purpose, must approve it;
e. A strike vote report should be submitted to the NCMB-DOLE at least 7 days before the intended
date of the strike;
f. Except in cases of union-busting, the cooling-off period of 15 days, in case of unfair labor
practices of the employer, or 30 days, in case of collective bargaining deadlock, should be fully
observed; and
g. The 7-day waiting period/strike ban reckoned after the submission of the strike vote report to
the NCMB-DOLE should also be fully observed in all cases.
33. When does contracting out become a ULP?
When the contracting out of a job, work or service being performed by union members interferes with,
restrain or coerce employees in the exercise of their right to self-organization, that it shall constitute
an unfair labor practice. Thus, it is not unfair labor practice to contract out work for reasons of business
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decline, inadequacy of facilities and equipment, reduction of cost and similar reasonable grounds.
Absent proof that the management acted in a malicious or arbitrary manner, the Court will not interfere
with the exercise of judgment by an employer. (BPI Employees Union-Davao vs. Bank of the Philippine Islands,
G.R. No. 174912, July 24, 2013)
34. When may the DOLE Secretary assume jurisdiction or certify to the NLRC for compulsory
arbitration over a labor dispute?
When in the opinion of the DOLE Secretary, the labor dispute causes or is likely to cause a strike or
lockout in an industry indispensable to the national interest. (YSS Employees Union – Philippine Transport and
General Workers Organization vs. YSS Laboratories, Inc., G.R. No.155125, December 4, 2009)
35.
When may strike, lockout and picketing be enjoined?
STRIKE & LOCKOUT
a.
b.
Commission of illegal acts in the course of the
strike/lockout; and
There exists a labor dispute causing or likely to
cause a strike/lockout in an industry
indispensable to the national interest.
a.
b.
PICKETING
When picketing is carried out through the use of
illegal means; and
When picketing involves the use of violence
coercion or intimidation or obstruct the free
ingress to or egress from the employer’s
premises for lawful purposes, or obstruct public
thoroughfares.
Innocent Bystander rule - when picketing affects the
rights of third parties and injunction becomes
necessary to protect such rights.
36.
What are the factors that must be proven in determining the employer - employee
relationship under the Four-fold Test?
a. the employer’s selection and engagement of the employee;
b. the payment of wages;
c. the power to dismiss; and
d. the power to control the employee’s conduct, the most important factor. (Ginta-Ason vs. J.T.A
Packaging Corporation, G.R. 244206, J. Hernando)
37.
Is actual evidence of control necessary to prove employment relationship?
No. It should be borne in mind that the control test calls merely for the existence of the right to
control the manner of doing the work, not the actual exercise of the right. (Parayday vs. Shugon Shipping
Co, Inc., G.R. 204555, July 6, 2020, J. Hernando)
38.
Is the renewal of Service Agreements indicative of regular employment?
Yes. The fact that the employee was allowed to work for the employer on several occasions for
several years under various Service Agreements is indicative of the regularity and necessity of his
functions to its business. The continuing need for his services for the past several years is also
sufficient evidence of the indispensability of his duties. (Regala vs. Manila Hotel Corporation, G.R. No. 204684,
October 5, 2020, J. Hernando)
39.
What are the requisites for a private school teacher to acquire permanent status?
1. The teacher serves full-time;
2. He/she must have rendered three consecutive years of service; and
3. Such service must have been satisfactory. (Manual of Regulation for Private Schools as applied in Palgan vs.
Holy Name University, G.R. No. 219916, February 10, 2021, J. Hernando)
40.
Is the dismissal of union members due to redundancy tantamount to ULP amounting to
union busting?
No, the consequent dismissal of members of the union due to redundancy is not per se an act of
ULP amounting to union busting. For while the number of union membership was diminished due
the termination of herein union members, it cannot be said that the company acted in bad faith in
terminating their services because the termination was not without a valid reason. (SACORU vs. CocaCola Bottlers Philippines, Inc., G.R. No. 200499, October 4, 2017)
41.
Explain the twin-notice rule in terminating the services of employees?
The employer must furnish the employee with two written notices before the termination of
employment can be effected:
a. the first apprises the employee of the particular acts or omissions for which his dismissal is
sought; and
b. the second informs the employee of the employer's decision to dismiss him.
The requirement of a hearing is complied with as long as there was an opportunity to be heard, and
not necessarily that an actual hearing was conducted. (PhilAm Homeowners Association vs. De Luna, G.R. No.
209437, March 17, 2021, J. Hernando)
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42.
Distinguish between just cause and authorized cause for termination of employment by
employer.
JUST CAUSE
AUTHORIZED CAUSE
The employee has committed a wrongful act or omission.
Grounds:
a. Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
b. Gross and habitual neglect by the employee of his
duties;
c. Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
d. Commission of a crime or offense by the employee
against the person of his employer or any immediate
member of his family or his duly authorized
representatives; and
e. Other causes analogous to the foregoing.
43.
There exists a ground which the law allows or
authorizes to be invoked to justify the termination
of an employee even if he has not committed any
wrongful act or omission.
Grounds:
a. Installation of labor-saving device;
b. Redundancy;
c. Retrenchment;
d. Closure or cessation of business operations
NOT due to serious business losses or
financial reverses; and
e. Closure or cessation of business operations
due to serious business losses and financial
reverses. (Art. 298, Labor Code, as amended)
f. Disease (Art. 299, Labor Code, as amended)
What is constructive dismissal?
Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it
were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility,
or disdain by an employer becomes so unbearable on the part of the employee that it could
foreclose any choice by him except to forego his continued employment." (Allan Regala vs. Manila Hotel
Corporation, G.R. No. 204684, October 5, 2020, J. Hernando)
44.
What are the reliefs available to an illegally dismissed employee?
Reinstatement
Separation pay in
lieu of
Reinstatement
Backwages
Moral Damages
Exemplary Damages
Nominal Damages
Interest
Restoration to a state from which one has been removed or separated. The
person reinstated assumes the position he had occupied prior to his dismissal.
Reinstatement presupposes that the previous position from which one had been
removed still exists, or that there is an unfilled position which is substantially
equivalent or of similar nature as the one previously occupied by the employee.
May be awarded in lieu of reinstatement if reinstatement is no longer practical
or will no longer serve the best interest of the parties. Separation pay in lieu of
reinstatement may likewise be awarded if the employee decides not to be
reinstated anymore.
An employee who is unjustly dismissed from work shall be entitled to his full
backwages, inclusive of allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was withheld from him up
to the time of his actual reinstatement.
Moral damages may be awarded when the employer acted:
a. in bad faith or fraud;
b. in a manner oppressive to labor; or in a manner contrary to morals, good
customs, or public policy.
Exemplary damages may be awarded if the dismissal was effected in a wanton,
oppressive, or malevolent manger. If moral damages was awarded, exemplary
damages may be awarded as well.
Are awarded when an employer removes an employee for a just or authorized
cause but without complying with the requirements of due process.
All monetary awards shall earn interest at the rate of six percent (6%) per annum
computed from the finality of the Court’s resolution until fully paid.
(Salvador vs. Saint Nicolas Security & Investigation Agency, Inc., G.R. No. 229384 , July 28, 2021, Ganancial vs. Cubagao,
G.R. No. 203348, July 06, 2020, Aguilera v. Coca-Cola FEMSA Philippines, Inc., G.R. No. 238941, September 29, 2021)
45.
When does hearing become mandatory in Dismissal Cases?
Hearing is required when: (a) requested by the employee in writing; (b) substantial evidentiary
disputes exists; (c) company Rule or practice requires it; and (d) similar circumstances justify it.
(Maula vs. Ximex, G.R. No. 207838, January 25, 2017)
46.
How is retirement pay computed?
The minimum retirement pay shall be equivalent to 22.5 days. For the purpose of computing
retirement pay, 22.5 days shall include all of the following:
a. Fifteen (15) days salary based on the latest salary rate;
b. Cash equivalent of five (5) days of service incentive leave; and
c. One-twelfth (1/12) or 2.5 days of the thirteenth-month pay.
NB: One-half month salary” is equivalent to 22.5 days
(Capitol Wireless, Inc. vs. Honorable Secretary Ma. Nieves R. Confesor, G. R. No. 117174, November 13, 1996).
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47.
Distinguish the jurisdiction of Labor Arbiter vs. DOLE Regional Director.
LABOR ARBITER
REGIONAL DIRECTOR
As to nature
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
On
money
claims
Unfair labor practice cases;
Termination disputes (illegal dismissal);
If accompanied with a claim for
reinstatement, those cases that workers
may file involving wages, rates of pay,
hours of work and other terms and
conditions of employment;
Claims for actual, moral, exemplary and
other forms of damages arising from EREE relations;
Cases arising from any violation of Article
279 of the Labor Code, including
questions involving the legality of strikes
and lockout;
All other claims arising from employeremployee relations, including those of
persons in domestic or household service,
involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or
not accompanied with a claim for
reinstatement, except claims for EC, SSS,
PhilHealth and maternity benefits;
Disputes involving legislated wage
increases and wage distortion in
unorganized
establishments
not
voluntarily settled by the parties pursuant
to R.A. No. 6727;
Contested cases under the exception
clause in Article 128(b) of the Labor Code;
Enforcement of compromise agreements
when there is non-compliance by any of
the parties;
Issuance of writ of execution to enforce
decisions of Voluntary Arbitrators or panel
of Voluntary Arbitrators, in case of their
absence or incapacity, for any reason;
Money claims arising out of employeremployee relationship or by virtue of any law
or contract, involving Filipino workers for
overseas deployment.
1. Any money claim, regardless of amount,
accompanied
with
a
claim
for
reinstatement; or
2. Any money claim, regardless of whether
accompanied
with
a
claim
for
reinstatement, exceeding the amount of
five thousand pesos (P5,000.00) per
claimant.
1.
2.
3.
The claim must arise from
employer-employee relationship;
The claimant does not seek
reinstatement; and
The aggregate money claim of
each employee does not exceed
P5,000.00
Note: If the claim involves labor
standards benefits mandated by the
Labor Code or other labor legislation
regardless of the amount prayed for
and provided that there is an existing
employeremployee
relationship,
jurisdiction is with the DOLE regardless
of whether the action was brought
about by the filing of a complaint or not.
(Del Monte Land Transport vs. Armenta, G.R. No. 240144, February 3, 2021, J. Hernando)
48.
Who has the jurisdiction over disputes under Kasambahay Law?
All labor-related disputes shall be elevated to the DOLE Regional Office having jurisdiction over the
workplace without prejudice to the filing of a civil or criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and mediation efforts before a decision shall be
rendered. Ordinary crimes or offenses committed under the Revised Penal Code and other special
penal laws by either party shall be filed with the regular courts. (Sec. 37, R.A. No. 10361)
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49.
Distinguish an intra-corporate dispute from a labor dispute
INTRA-CORPORATE DISPUTE
As to parties
The disagreeing parties is any one of the
following:
a.
As to nature
between the corporation, partnership,
or association and the public;
b. between the corporation, partnership,
or association and its stockholders,
partners, members, or officers;
c. between the corporation, partnership,
or association and the State as far as
its franchise, permit or license to
operate is concerned; and
d. among the stockholders, partners, or
associates themselves
Arises when the controversy is not only
rooted in the existence of an intracorporate relationship, but also in the
enforcement of the parties' correlative
rights and obligations under the
Corporation Code and the internal and
intra-corporate regulatory rules of the
corporation. (San Jose vs. Ozamiz, G.R.
No. 190590, July 12, 2017)
As to who has
jurisdiction
50.
RTC acting as a Special Commercial Court
a.
b.
c.
d.
LABOR DISPUTE
between employer and employee
between
and
among
union
members (Cacho vs. Balagtas, G.R.
No. 202974, February 7, 2018)
between and among legitimate
labor unions (Mendoza vs. Officers
of Manila Water Employees Union,
G.R. No. 201595, January 25, 2016)
between labor organizations and
employees
Includes any controversy or matter
concerning terms and conditions of
employment or the association or
representation of persons in negotiating,
fixing,
maintaining,
changing
or
arranging the terms and conditions of
employment, regardless of whether the
disputants stand in the proximate
relation of employer and employee.
Labor Arbiter.
Who has original and exclusive jurisdiction over money claims arising from CBA?
The Voluntary Arbitrators or panel of Voluntary Arbitrators, upon the failure of the Grievance
Machinery to resolve such dispute, shall have original and exclusive jurisdiction over money
claims “arising from the interpretation or implementation of the CBA and those arising
from the interpretation or enforcement of company personnel policies. (Article 261, Labor Code, as
amended)
51.
What are the grounds for an appeal with the NLRC?
a. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or
Regional Director;
b. If the decision, award or order was secured through fraud or coercion, including graft and
corruption;
c. If made purely on questions of law; and/or,
d. If serious errors in the findings of facts are raised which, if not corrected, would cause grave
or irreparable damage or injury to the appellant. (Section 2, Rule VI, 2011 NLRC Rules of Procedure)
52.
What are the requirements to perfect an appeal with the NLRC?
The verified Memorandum of Appeal must be filed within the ten-day reglementary period, stating
the grounds and arguments relied upon, the reliefs prayed for, and a statement of the date of
receipt of the appealed decision, accompanied by: a) proof of payment of the required appeal fee
and legal research fee; b) posting of a cash or surety bond; and c) proof of service upon the other
parties. (Rule VI, Sec. 4, NLRC Rules of Procedure)
53.
May the appeal bond be reduced?
Yes. The appeal bond may be reduced by filing a Motion to Reduce Bond with the NLRC provided
the following requirements are complied with:
1. the motion to reduce bond shall be based on meritorious grounds; and
2. a reasonable amount in relation to the monetary award is posted by the appellant.
3. the motion must be filed within the 10-day reglementary period to perfect an appeal. (McBurnie
vs. Ganzon, G.R. No. 178034&178117, G.R. Nos. 186984-85, October 17, 2013)
54.
Pending resolution of the motion to reduce bond, may the NLRC rule on the merits of
the appeal? Explain.
No. The NLRC must expressly rule on the motions to reduce bond. The perfection of an appeal in
the manner and within the period set by law is not only mandatory but jurisdictional. Whether the
NLRC accepts or rejects the appellant's motion to reduce bond, the ruling must be unequivocal,
and such ruling must be issued before or at the time the NLRC resolves the appeal by final
judgment. Failure to do so shall render the NLRC liable for grave abuse of discretion for having
ruled on an appeal without acquiring jurisdiction over the same, and the judgment it had issued
shall be vacated as null and void. (Pacific Royal Basic Foods, Inc. vs. Violeta Noche, G.R. 202392, October 4, 2021,
J. Hernando)
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55.
What is the subject of the Visitorial and Enforcement Powers of the DOLE Secretary?
a. Inspect any entity performing recruitment and placement activities to ensure compliance with
law. (Article 37, Labor Code, as amended)
b. Visit and inspect at any time of day or night in any place where employees are suffered to work
to ensure compliance with general labor standards and occupational safety and health law.
(Article 128, Labor Code, as amended)
c.
56.
Inspect financial transactions and records of legitimate labor organization. (Article 224, Labor Code,
as amended)
Discuss the Hierarchy of Labor Courts.
AGENCIES AND COURTS
SUPREME COURT
RULE 45
COURT OF APPEALS
Rule 65
COURT OF APPEALS
Rule 43
Petition shall be filed not later than 60 days from notice
of the judgment, order or resolution; or from notice of
the denial of the MR.
Petition for Review
within 15 days from
notice of the award,
judgment, final order
or resolution of the MR.
MOTION FOR RECONSIDERATION
BLR DIRECTOR
DOLE
SECRETARY
VOLUNTARY
ARBITRATOR
Within 10 days
from receipt of
decision
Within 10 days
from receipt of
decision
Within 10 days
from receipt of
decision
Within 10 days from
receipt of decision.
REGIONAL
DIRECTOR
GRIEVANCE
MACHINERY
ELEVATE TO
NLRC
57.
LABOR
ARBITER
MED-ARBITER
Grievances must be
settled within seven (7)
calendar days from
submission; otherwise,
will be automatically
referred to voluntary
arbitration.
No
Appeal or
Certiorari
NCMB
How are the decisions issued by the Voluntary Arbitrator or panel of Voluntary
Arbitrators appealed?
Being a quasi-judicial agency, the decisions and awards of a Voluntary Arbitrator are appealable
by way of a petition for review to the Court of Appeals within 15 days from the receipt of the
Voluntary Arbitrator’s decision in accordance with Rule 43 of the 1997 Rules of Civil Procedure only
after the resolution of the motion for reconsideration. (Guagua National Colleges v. CA, GR No. 188492, Aug
28, 2018)
58.
What are the prescriptive periods on different Causes of Action?
Cause of Action
Money claims arising from ER-EE relationship
Prescriptive Period
3 years from accrual of cause of action (Art. 306,
Illegal Dismissal/ Illegal Termination
4 years from accrual of cause of action (Art. 1146,
Unfair Labor Practice
Other Offenses in the Labor Code
Simple Illegal Recruitment
1 year from the time the acts complained of were
committed (Art. 305, Labor Code, as amended)
3 years from the time of commission
5 years
Illegal Recruitment involving economic sabotage
20 years
Labor Code, as amended)
NCC)
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59.
What is the effect when the DOLE Secretary assumes jurisdiction over a labor dispute?
A return-to-work order is issued by the Secretary of Labor and Employment when he or she
assumes jurisdiction over a labor dispute in an industry that is considered indispensable to the
national interest. Article 278 (g) of the Labor Code provides that the assumption and certification of
the Secretary of Labor and Employment shall automatically enjoin the intended or impending strike.
When a strike has already taken place at the time of the assumption of jurisdiction, all striking
employees shall immediately return to work, and the employer shall immediately resume operations
and readmit all workers under the same terms and conditions prevailing before the strike
(Manggagawang Komunikasyon sa Pilipinas vs. PLDT Company, Inc., G. R. No. 190389, April 19, 2017).
60.
What are the respective jurisdictions of the NLRC and the DOLE Labor Secretary?
NLRC
Exclusive Original Jurisdiction
a. Petition for injunction in ordinary labor disputes;
b. Petition for injunction on strikes and lockouts;
c. Certified cases which refer to labor disputes causing
or likely to cause a strike or lockout in an industry
indispensable to the national interest, certified to it
by SoLE for compulsory arbitration;
d. Petition to annul or nullify the order/resolution of the
LA; and
e. Contempt cases.
DOLE LABOR SECRETARY
Exclusive Original Jurisdiction
a. Petition to assume jurisdiction over labor
disputes affecting industries indispensable to
the national interest case;
b. Petition to certify national interest cases to the
NLRC for compulsory arbitration;
c. Petition to suspend effects of termination;
d. Administrative
Intervention
for
Dispute
Avoidance (AIDA) cases;
e. Voluntary arbitration cases; and
f. Contempt cases
Exclusive Appellate Jurisdiction of NLRC
a. All cases decided by the LA under Art. 217(b) of the
LC and Sec. 10 of R.A.8042 (Migrant Worker’s Act,
as amended); and
b. Cases decided by the Regional Offices of DOLE in the
exercise of its adjudicatory function under Art.129 of
the LC over monetary claims of workers amounting
to NOT more than P5000 and NOT accompanied by
claim for reinstatement; and
c. Contempt cases decided by the LA.
HAIL TO THE CHIEFS!
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