~ San Beda Colleg CENTR RALIZED. BAR OPERATIONS SAN BEDA PRE 2017LABOR LAW Subject Chair RASHIDAN. EDDING Assistant Subject Chair CARL JOSEPH N. RIVERA Subject Committee EDP CHARELOA TEREZE F. MARCIAL Subject Heads ALEXVI CHRISTIE G. TUMULAK, Labor Standards MA. AGATHA GRACE U. CORPUS, Labor Relations APRIL DAWN B. VILLAMOR, Special Laws Subject Committee Members GINETTE P. LOPEZ, JUSTICE FAWN N. REYNON, JIHAN D. LLAMES, NIKKA CARMELA J. AGUSTIN, SITTIE NOHANIE H. LAO, BEA CHERYL C.YU, COLEEN A. DE LEON, RUTH P. BALLADARES, JAMES PHILIP Y. PELLOSIS Advisers ATTY. JOYRICH M. GOLANGCO ATTY. THERESA GENEVIEVE NUEVE-CO ATTY. MARLON J. MANUEL ATTY. PETER-JOEY USITA ATTY. FLORENCIO MAMAUAG2017 CENTRALIZED BAR OPERATIONS Executive Committee Over-all Chairperson Chairperson for Academics Chairperson for Hotel Operations Vice-Chair for Operations Vice-Chair for Secretariat Vice-Chair for Finance Vice-Chair for Audit Vice-Chair for Electronic Data Processing Vice-Chair for Logis Vice-Chair for Membership TYRONE LEWIS D. ONG ULAHMARIA JESUSA NAZARENE L. URUBIO ANNA PATRICIA M. DERECHO ROMEO VALENTINO 5.GO ARTLYN GEMG. SENORAN LARISA G. BELO CARLO VIEL C. SAPLAN MA. CELINE P, ENRIQUEZ RONALDO DEMETRIOL SIOCO JOANNA KRYSTLE MUNGCAL Content and Lay-out Editors JOSE MANUEL PENAFLOR ELAINNE ENCILA HERA MARIE YDULZURA JEANNE PAULINE DE LA PENA San Beda College of Law Administration REX MARK CABANSAG CHRISTIAN JASON DALUDADO KEVIN CHRIS SESE ANGELO RAY ADINA ABDUL-MAJID MAROHOMBSAR, MA. JENNIFER PARAGAS JOSEF NINO ACERO ATTY. VIRGILIO B, JARA, College Dean Centralized Bar Operations Advisers ATTY. MARCIAND G, DELSON Vice Dean and Adviser ATTY. RISEL G, CASTILLO-TALEON Prefect far Student Affairs and Co-Adviser Centralized Bar Operations Core Group etc ase pins aes Mcreu ak See CaLuione Cam aatiirdiedcberta ball jperenteaend ne SerRS Te Leen meee ae neces cn aver enn Caran ee Clarisse Nicole V, Soliman, Elaine Encls, Jose Manuct P.Penator, Here Marie T. ¥duleura, Martin Ale Bas Ian Kevin. Lin aan, hele Louse Diana Soph Vitors Mr, Graken Fatina Redriqen iano 2 Salon, esa Shr Buisnar : Esco Ramsay Cnc Same Siar Pa Bry rc Wan cna Eee lose Chistian Saon Il Kent Avis © Agu Surane & Paces Bee O, Maan Lavanss Tacs Roe D Cannes Janelle Caryn, Dela Ceur, Jeanne Fauline E.De LaPenaUNDERTAKING This publication is the intellectual property of the San Beda College of Law Centralized Bar Operations. Any unauthorized reproduction, use, sale or purchase hereof is a violation of intellectual property laws. The user hereby recognizes the right of the San Beda College of Law Centralized Bar Operations to prosecute any and all actions in accordance with the law to protect its intellectual préperty rights from infringement, As such, the user undertakes to neither unlawfully reproduce nor cause the unlawful reproduction of this material without the prior consent of the San Beda College of Law Centralized Bar Operations.LABOR LAW LABOR LAW Fundamental Principles And Concepts Legal Basis The following are the basic ectior yh The folowita rights of Workers as Guaranteed by the Constitution under Section 1. Under Labor Standards a. Rightof security of tenure b, Right to receive a living wage cc. Right to a just share in the fruits of production; and @ Right to work under humane conditions. 2. Under Labor Relations. Right to conduct collective barginjn tiation with managem ecaaignmoynagalioven i nt Right to orgenize ‘hemeevee ee my ees an “me processes; and Right to participate inppoligy Any decision maka Sto engage n Sessa onetton boltind e fet aoge bor X was engaged by ABC Gémpaiy to Work ii Noitiiern Marianas ob a pied under a szemonth serteymant contact to commence upon his arrival therain. The Department of Labor of See eye rericngs tesued an Autho“Zation fof Entry (AE) Sxpiring on May'13, 1998 In favor of X- ABC Company and X-oxectited an j4ddenduy ° foe employment contract to make the start of X's employment cffective upon his departurg ifr the Philippines instead of arrival in Northern Beene y leit for Northern Marianas on September 13,1997, the dalg'of his actual deployment, 2 13,1991, 2 and his employment continued ntihis repat {Philippinas-on June 3, 1998 allegedly due to expiration of hiS employment contra isgal ‘ABC Company, the lattor claimed that the AE Gate’ Fed the period of stay of X such that the expiration date contained in the,AE.js.suffletent fosjustitiably jpre-terminate his work. Is ABC A roc i OR ert ee NO. Under Aricte 1702f1he RPE Rane ete ola of employs doubts NO, Unda oe ro nd nr tre in Ae mt ined ate do of oy FE ee a ae io le doen oa To sch terran 2 omen Mat ay 1998 cco aay fr X ip Mre aiag's unacceptgleUndovlecy ra S07 13,1998 we vac wae morihesetae, he'AE could oot EFI 98 & ‘valid cause for pre- Crrirating X's employment (Centro Ewer Selvices Car. NaIuS, GR. No, 160123, tly toad, Bersomnn, he 30 ‘ was an employee of XVZ Conipainy. To facilitate the grahtof his SSS retirement benefits, N wwe on anys 021 St te coi ape ae entero neon tram employment. otyrinetaeing the oo) £7 ‘continued employment as 2 his Sepa(mn reaching the compulsory Yetiement 93°, ¥ actually deemed retired and wes Soe pe galery, Dut not rotiroment benefits, fen 5 Cott for the payment of his retirement aid eae ejorense, XYZ Company claims that N wan Oe oe iis employes bocause Mr. © benefits im after i losued W's certification of separation from employment. fs N an employee SPOT npn neem core! tn evidence in any contovere otiehip ens betwaen the Does oat on of tec, stot Ta gaye soe are eo a, hand. ny failed to ciseharge the burden cof proving its ‘own allegation. Ther ie al stamisgal case filed by X against San Broa Gouises or Lait goUT Centranizen Bax OperationsLl LABOR LAW 6 SOCIAL JUSTICE Compassionate Justice Social justice does not mean that every labor dispute shall automatically be decided in favor of {abor. Thus, the Constitution and the law equally recognize the employer's right and prerogative to manage its operation according to reasonable standards and norms of fair play (Paredes v. Feed the Chifdren PHL, Inc., G.R. 184397, September 9, 2015). The social justice policy mandates a compassionate attitude toward the working class in its relation to management. (Farrol v. CA, G.R. Mo. 133259, February 10, 2000). ‘The grant of separation pay as finan jven i al justice is wi te 8y as financial assistance given in light of social justice is allowed only when 1. Was not for serious misconduct; and 2. Does not reflect on the moral character of the employee or would involve moral turpitude (Security Bank Savings Corp. v. Si 214230, February 10, 2016) X was employed by MJC In ickots. She committed an honest mistake inthe cancellation oF beting Ul [email protected] of opportunity for several bettors. After requiring her t6’submit a written explanation about the incident, X was placed under preventive suspension for.ah unstated-period offime. Al the end.of 30days, she leamed that she was disinissed from work: In the illegal distaigsal case filed by X/against MJC Inc., the latter argued that the unauthorized cancelationiof the ticket collld have grestly prejadiced MJC Inc. for causing damage to its income and reputation. If you are the/Labor Arbiter, will you sustain the clair of MC iné.? eet p NO. | will not sustain MJC Inc's claim, To dismigtdn Stptoyee 24 ot spdulation as to the damage the employer could have aurféred would be. an ij i injustice to. théemployee would be greater if the supposed just gause for her « wag Rot éven sificently established. While the employer understandably had ifs ow fo protedianartor terminateany employee for @ just cause, its exercise of the to dismiss she ipered With compassion and imbued wth Understanding, av cing ts abuse (fara ie Tajalo.GR. No. 160962. June 26, 2013, Bersemin, J} = ‘Abblicable Law Governin 9.10, respect the parties! Choice of governing law under While a Philippine tribunal is called up ' Shotec juhust not'be so. pennltsive as to lose sight of the employment contract, “such ra considerations of leu, mérals, good cusfeins, public order, Ot public policy that underlie tho contract central io the controversy. Disptitesinvolving Illegal termination of employees due to their pregnancy involve matter of publle Interest and public policy. Thus, Philippine laws are applicable end Philippine tribunals. could assumvJgly-10, 2007), the Supreme Court iil "baleen the pelféeiay‘of the employment contract and the commencement of made a uistinctich ba ert st i i curs when the ve employer employet lat onshipsthesbertection of the eaplogment contract occurs when part ao agree on ihe object and cause. dewalt Ze the s6u ple ferms and condiions therein, On the other hand, the employeremplayee relationship, cartiiences when the worker is actually deployed ‘rom the point of hire: Thus, oven vefors.the’startof the employer-employeo slatenship, contemporaneous with the perfecticiPoF We*emmployrent contract is the bith of certain right an obligations, the breach of which may 9% ris6t.& cause of action against the ering party Theory of ty nowleds vices as a domestic helper under 2 12-month contact in Taiwan, Arte th expan of her contact she amin woking fr her Tawannse employe, Mr, 2 years. When sie z i filed 2 complaint for underpayment j to the Philippines, she ‘ renee vem ABC Sorvicas alleging thatthe extension of the contract was with is concent ona taowisige However ABC Services didnot conmant nor did have any knowledge of tho old lable unr the Theory of Imp : SiS the Tinea of gues Kontedge asees te krovedg te sae 0 a eho, a a Baer hou ly negotiated with the emy the tregn princoak MU, sec) pegs src ts cow and spete employe contact wth Xa Me rnopal Ne Us ewe and Stross sn te onennon oeplyre amo! De rte fe aon ABE Svcs, Tare ABC Sarees cannot be hal oti uncer he Theory of pied Keonledye ( VERC, G.R. No. 164757, Jenuary 25, 2000) 15. San Broa Cousor or baw 2012 Cewreauizen Ban OPERATIONS jem wan OPERATION 2017 Cenmnarizen BF7. LABOR LAW ation of Contract of Migrant Worker without J In case of termination of overseas emplo j i i ¢ yment without just, valid or authorized cause a: defined by taw or contract, or any unauthorized deductions from the migrant worker's salary, the workor shall be eid o tho full reimbursement of his placement jee and the deductions made rest at 12% per annum, plus salaries for the unexpired portion of his contract (Sec. 10, R.A. No. 8042, as amended). ee employment Direct Hiring GENERAL RULE: No ompioyer shall directly hire an OFW for overseas employment (Sec. 123, 2016 POA Rules and Regulations Governing the Recruitment and Employment of Landbased OF W) EXCEPTION: The following are exempted from tha ban on Members of the diomatc corps International organizatons Heads of states and government st calstael ligetagastemiister ceputy Sinsr employers as may’ Be: alovod bythe, Labap Sectaiay (Sze. 124, 2016 POEA Rules and Regulation Goveming tng Recruitment and Emipioymnt ef ehdbased OFM), ject hiring: Rogulation of Recruitment and Place: Tha Labor Secretary has the following 4. Regulatory powers = power to restrict agencies, and to issue orders ani 3 RO itinghi and. placement activities of all 1d regulations fo carry cut the objectives and int. 36; Labor Code) 2. Visitorial poxssts ~bower lo inspect the praises; Books of eecounis dh records of any Person oe see dure 1 to submit raports reoclagyan.pipeibed forms. as act on wclaion 6 oy rations of sbeiptte, The Vlora power Mia Bgpereised Py to daly enorzed representative Bf the Labor Secretary. (Art 37, Labor Cox ‘grid placement of wérkers either local or overseas te iment offices eh 3 Euple erate toe ca (PEA) ees’ ently engaged ic reoutent and eserent Me nee gee ged, crecly or indirect, fom the workers or amploysre oboe 2 oo hie ae (PRE) _ pagans ox sssoctalions. engaged in te recniment and Placement of Workers; focally o° overseas jutrout charging ically oF indirectly, any fee from the ferkers = 4. Selpding or mennind dénis or represses Such other persons or entiles es may 6 atllhorizec J py ti babor Secretary (See. 4, Rule 1 IRR of (2) ye a fee ft m the | Does not charge any fee from the workers oF a et i | employers to which they would be deployed (Has the righi to char | Morkers of the employers o7 both @ docums ab rity, wie yment issued by the —— cmack wand y | ube ih 9 cour [ ones, wich fe 8 SocUmES Seria a | ooke suborang te ergnee eet |e stent a ook cara ennes 1 tteymene ger ene gan Bena COUZOE OF— LABOR LAW 18. Persons and Entities Disqualified to Engage in Recruitment and Placement of Workers 4. Landbased Overseas Employment a Travel agencies and sales agencies of aifine companies b. Officers and members of the board of any members in a partnership engaged in the business of a travel agency © Corporations and partnerships, when any of its officers, members of the board or partners is also such in a corporation or partnership engaged in travel agency 4. Individuals, partners, officers or directors of an insurance company who make, propose or provide an insurance contract under compulsory insurance coverage for agency-hited OFWs Sole proprietors, partners of officars and members of the board with derogatory records (Sec. 3, Rule |, Part, 2016 POEA Rules and Regulations Goveming the Recrutment and Employment of Lanabased OFW) 2. Local Employment a, Those convicted of ilegal recruitment, trafficking in persons, anti-child labor violation, or crimes invalving moral turpitude b. Those against wnom.proball of guilt for illegal recruitment or ‘agencies who have committed rea by the LE Law enforcers and any offcilé or émiplo ye of ie DOLE Sole proprietors of duly licensed adencies whieh are prohibited trorirsgebring another license to engage in vécauitment; Sole propretcts, pari placement fo subesntracting ac The following are gubranteeson hal b: oF We: Pere 1. Ithas existing Istor anc social lv protectig the ahs WoHKes, neuBtg migrant workers, 2. Is signatory (0 afidior ratliad of muultlatacikesrventiogslicarestiors, decia‘ations or resolutions refating to the pr jon of Workerse 3, Whas concluded a blatorl a RA. No, £042. 25 omenced Transfer: of it iitation of Principal/Employer 20. XYZ Shipping Services’ hired.x as ptticer in behalf, 6f.4$-foreign principal, 123 Marine. When X's contract expiréd, he was ted to. the Philippines and brought claims against XYZ Shipping Services and 423 Marine for:tion-payment and underpayment of wages, danades and attorney's fees. XYZ Shipping'Services denied liability alleging that it coased to be the manning agency of 123 Marine aritthat the latte bad ‘painted JDA Company as its new local sigent, However, ADA, Conparyelne? WfOligh lover d any paciivary bereft ftom the ar’angbinght c. considered as worl 4. 25 cancernagif there is:no GBA (Sec..2, Rule Vill, Book ill, IRR of the Labor Code) Wages shall be paid dir ‘ : +. Payment to a member of the family is auiharmeed mpwnbng by the employee 2. Payment t9 cnother is authored by low (Gugh-BstpayMeN| for insurance premiums and union dues) ne 3. In case of death, payment to, heirs “of the webeased employees without need of intestate proceedings (Sec 5, Rule Vil, Book lik IRR.3t the Labor Code) ‘9 employ Facilities Vets us Supplements ‘ Srna Includes articles or sefvices for the Behotit of the employes or his family but shallot 4. JE ion or spacal reyes | Include tooks of the trace Or atcles of aa SEA ets ven of eosied by te | service primarily for the cenefit of fhe “ES ascrers over and above their orcinary | employer or necessary to the conduct of "| SEOEtS ove srt | the employer's business (Sec. 5, Rule Vika, | 2°"™1098 oF 29 IRR of LABOR CODE, Rule Vila, See. 9) Asionaturs Iker which constitute extra ‘pense necessary for the romuneratian or special privileges or ind his family’s existence and benefits given to or received by tho subsistence laborers over and above their ordinary earnings and wages ae Asiggeductibmty E a Part of wage, hence, deductibie from the Independent of wage, and, therefore, not ‘wage wage deductibiel \ 4. 48. 49. LABOR LAW A claimed that she was not pai i " was not paid the required mint Cre at Pe i : imum wage because there was an i . The business insisted i faelites Some eae a Granting that meals and edgng were provided and indeed constituted facies, such facies end not Be dct witout the emeloyer comping fr wih cain egal renee, Wine seetig yer simply cannot deduct the value from the employee's proof must be shown that such facilities are custor Secor he povion a : lias are customary Furnished by the trade. Second, he provision educlble facies must be voluntary accepted in watng by the employee Final, iui iat charged al fair and reasonable value (Mabeza v. NLRC, G.R. No. 118506, April 18, 1997) Non-dirninution of benefits, GENERAL RULE: Principle of Non-ciminution of Benefits which provides that any benefit and supplement being enjoyed by the employees cannot be reduced, diminished, discontinued or eliminated by the emplayer (Vergara v. Coca-Cola Boitlers PHL, Inc. G.R. No. 176985, Apri 1, 2013) EXCEPTION: No diminution of benefits in the follawing instances Correction of Error; ie Nagotiated Benefits; Ae ons Wage Order Compliance: Reclassification of Position: 2E1 Contingent Benefits ar Conditional Bonus. and Productivity Ineent jaboza ¥.. NERC. @.R. No. 778508: Apdl 18, 197). Npe@sens sent “Thore is diminution &f benefits when the folowing: requis re eels founded on ¢potcy & haeorer gt 2) Practice is consistent ard deliberate eS Fea fca ie not dee to error in the Sontiuctig GupHesTion DL Ir aitficalt question of law, Diminution or discortnuance is done yniaterally by eamplover (Vergara v. Coca-Cola Botiers PHL, Ir RWG, 1765 Aprit 1, 2013) JE ges 7 The employees of ABC Corporation received yearly bonis on, {op of its 13th month pay regardless of its salesperforinaniees In201 (BC COrpEration aighege distribute yearly bonus because of its poor performance. Was.the at of ABC Corporation valid? aera ott oo ec nave a ese Hail ove oxic Peres YHERtafly granted to thom by thei so cyor Any benef and supplomtit bine erjoyee by ine embloyees’bannot bo reduced, diminishes Giscontinved or eliminated by the employers. ‘protiibitions eegaraina wages” “The following are pronibited Bg the Labor GUE i. Vz 1 pirninution of wages (Art 700, Labor Code) 2) Interference by the employers in fhe err sib 3. Withholding of wages and kickbacks Art, segappecotl F eduction 2 ensure emeloymént (Ar, 117 EBbor Code): Fee tp pay wages 28 retaliatory meszure (Art. 198, Labor Code) 6. alee reporting (Art. 179, Labor Code) ; i ie th month pay, the was anticipating the bonus ne would receive for 2073, Aside fom the | 2 was enicpating the bots employees 28 months bonus for ie lat 0 yee, Bone company has been avrg perfomance the company wnettaly deste fo P=) on 3 vt over al ates layer legally allowed to reduce the Bonus eno bos 209. res ores ny on eigen oye 15 oF ete FES, A ROM (ihe succes ofthe business ant eaizaton OOHRS LT Thus, 9 bons ot arate cette cagaten, Oct PT Oc ata tee ‘ar a cor the employees. Here, tha bonus oven ° ! compen ea employe May EL a See ly od Employees Union v. Amencan Wire ane! ‘Coble Co., Inc., GR. No. 155059. Apt gnu Broa Coutece oF Law yy 2017 Govmeaniers Bés Oreearions50. 51 52, 53. 18 LABOR LAW Wage Order The following are relev ant factors in the determi 7 el eet uc the determination ofthe regional minimum wage: fage adjustment vis-a-vis i 3 Moge aah consumer price index 4. Neods of workers and ther tamios leed to induce industios to invest in th 8. Improvements in standard of iing NSA 7. Prevailing wage levels 8. Fair return of canital invested 8. _ Effects on employment generation Equitable distribution of income and wealth (Ar. 124, Labor Goce) Wage Distortion Wage distortion presupposes at THétease 9 the eBiipens jon of the lower pay class in an loyees in the same region of @ distinction between the two Vanuary 25, 4995). office hierarchy without a corres; 1g Faisc for 7 jon is pepdinag e the country, resulting in the éliminiation’or exe ia Groups or classes (Prubankérs Assoc. v. PBTC, G.R. No. There is wage distortion when xy e iy 4, An existing hierarchy of postions wih Corresponidl ¥ rates: 5 significant cliange or increase in the salary rate ofa dower pay Glass without joncin Increase inthe salary rate of ahighorone: Se te erm 3. The elimination of th n the to @ioUpS BE eases; anc 4, The distortion exists ofthe oily lace Trade Unions v. NLRC, GR. No. 1: fs yea Every employee who has rendered af least year of service, shail be entitled to 2 yearly service incentive leave of 5 days with payee wi The following are not enti Thoee employed in the gov Unsuperv Those alraady enioy S, Those enjoying vacation leave with ca ofatleast Sdays Those employed in osiablishments emolcying less than 10 emis of the Labor Code). 2 loyees (Sse. f, Rule V, Book I, IRR ic ange a ata ye oy is engaged on 2 pakyaw or task basis does not automatically exclu ue gles 3 employee Is engaged O7,= Pinon the worker engaged on 2 pakyaw oF lask boas (als win Me Serve Ince eg can he be eluded for he monetary bares ndor Book San Broa Cousce of Law 2017 Cenraanizes Bas Orsnarions |55. 87. LABOR LAW Code. Here, X cannot be considered as a field 2 personne! because she performs her premises of B&B Co. Therefore, X is entitled to SIL. m Meeinitin be, X worked in P Company for 10 years until he was dismissed. He did not use of his service Incentive leave nor demanded of its commutation. included in his complaint for illegal dismissal is the demand for commutation of his accumulated leaves. P Company stated that they are only willing to pay 3-years worth of SIL. Is the company correct? NO. The 3-year prescriptive period for money claims under commences not af the end of the year when the employee becomes entiled to the commutation but from the time when the employer refuses to pay his monetary equivalent after demand of commutation. X's cause of action accrued upon his dismissal and the failure of P Company to pay. He is thus entitled to the commutation of service incentive leave for 10 years and not merely for the 3 years preceding his dismissal (Auto Bus Transport Systems v. Bautista, G.R. No. 156357, May 16, 2005). Maternity Leave The maternity benefit is a daily ca work due to childbirth or miscar s The following.are the qualifications foremmember to avail ok maternity benefit: 4. Female SSS member . 2. Paid at least 3 monthly contibations fvthin-¥2emehth period immeciately ‘preoeing semester of childbirth or miscartiage; and” : é 3, ‘Has given required notification of pregiaricy to SSS through her Brrployer (Sec 14, R.A. No. 6282), 'to-a female member who was unable to Y, @ member of SSS, delivered hef frSt Chilld:via caesarian| section. If-Y avails of maternity benefits, may she also claim sickness benefit from, the SS because of the said child birth? NO. Section 14-A(c) of RA. No. 8262, provides set the ‘of mateipity benefits is a bat to recovery of sickness be face sckiese leave benefit during the period the pend of hér mat Gagteacny °° Ronee Paternity Leave: Condi 1. Martied male emplayee 2. Whose wife has given birth of SH 3. Whois cohabiting wilh his spout 4 5. ns for entitlement of B ‘An amployee at the time of the de Covers only the first 4 deliverios@ Mr X, accountant in a-firit and 2 fate Second wife are expecting thoir first bo! expected date of his wife's delivery YES. Section 2 of RA. No. 8187 p10 inattic rate employee is ented to the grant of Tererniy eave bereits with fll payor te tisteBeshes by his lawl spouse, Here, Mr. X nos @ now paternity ean essing birh for the Fst me. He Ear comply with all the conditions for entitement of vite te inave benef tis of no moment that ho already Rad 4 chisren in is provous mariage, The paternity oye pe amber of delivery by the lawul spouse and not the nuirber of culdren that a marred eioyee had. Therefore, tr X may stl aval of paternity leave benefits 4, repifrried onan first wife died. He and his farrke ayail Fhe paternity leave benefits on the +7 is 2 probationary employee and his wife is expected to give birth in weeks. I ¥ applies for dternity loave, can the management refuse on the ground of his probatlonary status? Paierton 2 of the Paternity Leave Act covers all married male employees employed in the public or Pawate sector Its not mted lo reguar employoes only. As long 9s the male employee comes wih prvate ions. Ne is eligible (o apply for patomity leave. Here, Y's employment status 2s a probationary oye does ol affect his elgibilty fr the grant f he benefit Therefore, the management cannot fefuse his application on the ground of his employment status San Bepa Cousce oF Law 2017 GereatizeD Bar Orzranions 19ai. 82, 84, rent Asolo paront ie 1. Awoman who gives birth as 2 resull 9 neasesthe chia Parent left solo or alone with the responsibilit : Loan es i ity of parenthood due to: ‘B. spouse is detained of servin: 19 santence for criminal conviction for atleast a year ° qu ‘to physical or mental incapacity of spouse = lus to legal separation or de facto separation from spouse for atl entrusted with custody of the child * pouee teria (nest I Yeasisoriong e. due to declaration of nullity or annulment of i * annulment of marriage as iong as in custody of the children f._ due to abandonment of spouse for at least 1 year. , Unmarried mother or father who preferred to keep and rear his or her children Any other person who solely provides parental care and supoo to chit Any femily member who 2ssumes the, ;esponsiblity of head of family as a recut of death, appearanceior prvloniaed ue nt (See. 3(a), RA, No, 8972) ; ‘ Hea ae. Citas P, father io 4 and a solo parent, clsims from hie employer she 7 parontal Ieave.as provided by jaw, The company refused on'the ground that the CBA already-dives him 7-day. emergency leave benefits. Can Pincist on his demand? ts pe YES. Parontal leave ic a statutory Iedve Dene orivleges uncer 8 ; of rape and other crimes against chaslity provided she keeps wee ‘antod under R.A. No. 8972 in addition to leave patent employee ivho has rendered service of at ‘ovidad by the employer under ks iremenis, Here, F may insist ivr served in tho sltary and wae found tbe blaring em Post dtaumetlc Stress Disorder. ‘A public oractitioner certified him as incapable of discharding his-résponsibilities as 2 parent. Firs. 7, ieft with 2 minor children, naw claims parental leave for solo parents from her employer. T reqques! wae denied ca the ground that ahs Is marie’ €Ad actualy living with her husband. vas th 4 xO oranthood due ton married ard ect led fo avail of carental les S(Q) of the Solo Parents Wiliere Act, 2 parent let stone with the responsi of ia incepecty ofthe space io Goneiderst 2 solo perent. Here, ahough Mrs. Ys Mung nth nor husoand: ie ew considers her 23.6801 parent. As such, Mrs. Y is hc the denial of ner request ie et prover tody of 6 X andi Y sled in.a ‘ear crash leaving theif ininor twins to the ‘ein patente’ loayg asiptovided by lew for soto sarents? the Selo Parents’ Wella@Act orovices that any farnily member who assumes the i'oPtho deaih, abandonment, disappearance oF prolonged Z is a solo parent because she assumed the responsibilty i. Therefore, upon showing that she has (the parental leave while in the care and Chitdhood sweeth #3 sister, Z. Can Z YES. Section 3a) responsibilty of head of ferrily as 4 Sosance of the parenis or solo arent. He’ Of the head of family after the death of, ihe, twin's oa Sendered at least 1 yaar of sorvice-she is emitied #6 évai custody of the oniidren Suecial Leave for Women Workers, it under R.A 9710 conditions before «veran may srl of the spat lave bene Foe employee nthe pub orbrvat sede : 1 Wemon emalases i cure orsoje for atleast 12 months pot Sig907 2 Hove been ere f.t erent ergloja or attest aggregets rene Ba ei seeore surg lo Yost greraogeal dors Have ure oer ng sugary ot aressonabie Ue oro SOErY ‘women employes having rendered continuous sggregste employment service of at least 6 montns A women orice shal bo enllled 10 2 special leave Doni of 2 months with ful pay Base on her Gross ronthly compensation folowing surgery caused by gynecclogicel cisarcors San Bex Cousos or Law san BAR OPEsATICNSLABOR LAW Ais a bank teller operated because of ovarian cyst. She has already availed of her special leave for the operation. Can she stil claim sickness benefits from the SSS? YES. The special leave benefit under the Magna Carta for Women is separate and distinct from the benefit extended by the SSS. A woman employee can avail of the special leave benefit for every instance of surgery due to gynecological disorder so long as she does not exceed the maximum total Period of 2 months per year. Sne can also stil claim sickness benefit because it is administered and given by SSS which is a separate benefit from the one granted by the employer in accordance with R.A, No. 9710, Therefore, A may stil claim sickness benefits from the SSS on top of the benefit she can claim from her employer (Sec. 7 of D.O. No. 112: IRR of R.A. No. 9710). ¥ notified her employer that she will use her special leave benefit for her hysterectomy. Her employer told her that she already used her sick leave and vacation leave for the year so she ‘cannot fully use her 60-day special leave. Is the employer correct? NO. The special leave benefit is different from other leave benefits of the woman employee, The special leave cannot he taken from existing statutory leaves because the benefit is considered an addition to the leave benefits granted and should be, added.on top of said statutory benefits, Therefore, the employer may not refuse to grant ¥Steduedt fr Special leave benefit on the ground that sho already used hher sick leave and vacation {eave. She can‘alsa use the: Special leave benefit in ils maximum Period of 60-for the said year (Sec. 8 of 0.0. No. 112: IRR of RA No. 9770), Differentiate Service Incentive Leave, Maternity Leave, Paternity Leave)’ Spécial Leave for women, Solo Parent Leave. ° ee bee) Dg peal Goce 7 days with full pay «| Smonths withfull pay | Maximum of 7 working days dekveny sf j | forevery year for c | 7 tigen’ Jy aay TES: Van ateies Employer | Can be Bie (1) Awvomisn emoloyee: | (1) Any solo has avaied bys: |. ie arent Gaga (2) Theleavd availed | (2) shélemployes must | Sieseet | Gonon — —[59f/aamong heft | naystepdered sapleyes | atleant (| women Pout deliveries of | hacotincous aggrepato | (2) The yeeral, | sefielher the SBaUsigessa!emelayment service of | employee | serrice | parted: 7 | atleast sic (6) months | must nave | cert OARS SS | orthetasttmelve (12) | rendered eran | months following ‘service of at spouse wih whom he: surgery; least one (1), is cohabiting, and —— | year. (RA. No. | © surgery is | (4) The male Caused by gynecological | 2972, Sec. 8). employee shallnauty | Caused by avn | his employer of his. = legitimate spouse (4) The employee must and expecied date of | have fled an application delivery, (RA No. 8187, Sac. 2) for the leave. (R.A, No.9710,See 18) | ‘San BeDa Coutzae oF Law 2017 Centeauzen Bax Orenarions 24an 68. 69, 70, nm. 22 LABOR LAW ‘SPECIAL GROUPS OF EMPLOYEES Women Acts of Discrimination Against Women He following discriminatory acts are prohibited: 2 Dasgnimination in pay ~ payment of lesser compensation o a female as against a ale employee respon onnaoyment Opportunity ~ favoring a male empoyeo over a female employee with . assignment, trans Sinn nit Ceaporste promotion, assignment, rarster, raining opportunites, study and senolarship grants 3. Discrimination in hiring — favoring a Pere lon nhining favoring @ male applicant wth respect to ng where the job can be 4. Discrimination in dismissal — favor rissal~fvoring a male erioyee over ee vith dismissal of personne! (Art. 133, Labor Code) eigyesiuvexaeree orp anes It shall be unlawful for any employer to= 1. Deny a woman tne benoit , 2. Discharge. awieman forthe purpose of ppv Nigra enjoying whe bag under the Labor 3. Discharge 2 worian on accoumt of pregnanty £3 F 4. Discharge or refuse admission of @ woman upon pregnant (Art, 435, Labor Gade} ¥ ng for work for fac Wat she may again be 1 f-continued employment, oF ai to grant the sexual ‘avor the employee, AND. granting of results in oa ving th Impoirs the employse's rights and privlegds Vides existing abr laws. OR results in an intimidating, hostile and offensive environment for the employon (Sse. 3(a), RA. No 7877) The demand, request or re written statemant. It may b that the acis result in creati (Domingo v, Rayala, G.®. No. J rf a seygsl favoe need hot bevgecultod in a categorical oral or a, nn @tual GBHthca, ror tng acs of the cffender. [ris enough nidaige, poste olenaveSfvironment for te employee Fspruany 18, 2008). Wanting to be hired Ina prostiglous yniversity. V spQ@hths Help ofthe Dean, She was fold hat it is the University President who approves. the dppeintment to the hospital but he could however give a good word for V's application ifshe will go watch a movie with him. They went to cowevfovie and V experienced sexual advariées “irom the Dean. Will a complaint for sexual haraeement against the Dean prosper even if Vwas not employed? Tee Under See 2cf RA, No. 78777, sexsal harassment in an employment environment is commited When a person having moral ascendancy requifes a sexual favc forthe grenting of 2 faverable privlege weehing in an intimidating, hostile or offensive envionment. Here, the Desn used his pasion to convey the expression that he could faciitale V's employment. Therefore, the complsint for sexual harassment against the Dean will prosper ‘ts A working child reters to any child engaged es follows: oe tr Qyhan tne child is bolow 18 years of age in 8 work or economic activity that is nol child labor Sree ire cig is below 15 yeare of age in a work where he/she is drecty under the responsibity creamer parent or logol quarcian aad where Only members of the chio's family are employed OR in public entertainment or information (0.0. No. 65:04, IRR of RA. No, 9231Se°. 3). Sax Broa Couese oF Law 2017 Cenraauize Ear 0:72. 73, Not more than 4 hours Below 15, hours ‘ 18 and below 1 | Notmore than | Not more than 40 | Bhours | hours following day No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco, and its byproducts, gambling or any form of violence or pornography (Sec. 5, R.A. No, 9231). The worst forms of child labor are: All forms of slavery of practices similar to slavery including recsitment of children for use in armed conflict 2. The use, procuring or offering of a hill fSRBFOBINUREH on 3. The use, procuring or offeting ofithe’ child for Megal-br afficking of dangerous drugs? sigs : 4. Work wich by iis nature: or the circumstance 's hazaidou6 OF likely to be, Rarfful to the health safety or morals ofthe child (Seqs5,RR of RA NN09231). . YF LS | Kapambanayy 2 Wy A Kasambahay refers to any person engaged Jittidomestic work within an employment relationship, such as, but not limited to genefal houisehelp, Aursermaid of yaya, cook, gardenet, or laundry person, but shall, exclude any person. whe 1§: domiostic work only occasionally or sporadically and fot on an ogcupational bat RANo: 40361). The following are rit includes in ne tecm Kasai ¥ 1. Service providers { 2. Family drivers y 3. Childsen under foster family arrangement, eS 4. Other person who performs worladéasiOnly and nol or odcupaliohSl-basis (Seo. 2, IRR of RA. No. 10361). snography jet aclivities including the production and ‘The rights and privileges of tho Kasar 1. Minimum Wage : 2 Other mandatory beréfits suctasitha daily and Weokly’ rest pelfdds, service incentive leave and 13” month pay: # Froobom fer empiayie (lerter Coverage under the $85, ilHealth ar Standard of treatment : Board, lodging and medical aléhiganee Right to privacy a ‘Access 10 outside communication : ‘Access to education and training (S06 1, IRR of R:ASNo, 10361), jahay ate the following: eervorne Acts declared unlawful under the Kasambanay Law 4. Employment of children below 15 years of age. Withholding of the kasambahay's wages Interference in the disposal of the kasambahay's wages Requiring kasambahay to make deposits for loss or damage Placing the kasarrbahay under debt bondage ea Charging another household for temporarily performed tasks (See. 1, IRR Of R.A. No. 10361). oF Law San Broa Cott: 2a 2017 Cenreatizen Bat74 75, 76. 7 79. 24 LABOR LAW Syne been doing the laundry of the Perez housohold for 2 years. She would do the laundry suety Saturday and go back the next day to iron the clothes. She asked Mrs, Perez if she con be eustered by the latter with the SSS as a kasambahay. Mrs. Peroz refused and alleged that L floes not stay with them and her services are only performed in 2 days in a week. Is L sntiled te be registered with $387 JES, Section 2 ofthe IRR of Batas Kasambahay provides that a Kasambehay is any person engaged in Comestic work within an employment relationship, such as a laundry person, but shall exclude sny person who performs domestic work only occasionally oF sporadically and not on an occupational basis: A Kasembahay is ented to SSS coverage. Here, L performs domestic work on 2n occupational basis Because she has be consistently doing the laundry for the Perez farnly for a period of 2 years. As @ Kasambahay. she is entitled to SSS benefits. Therefore, L is entitled to be registered with SSS. Mrs. G got injured so she can't do her usual chores. Mrs. G's neighbor offered that her Kasambahay, inday, can work for Mrs. G for a month if the latter is willing to pay for such services. Is the arrangement lawl? NO. Section 11, Rule V, of the IRR of 2.4. No-0364 provides tht it shall be unlawful forthe criginl employer to charge any amount djom the:hgUsenold where the service of the kasambahay wil be temporal performed. Here, jules crate ifob performance o! cuties outsce the household is valid, the agreement on the. payment for'such service Is a violation of the provision of the Batas Kasambohay-Therefore, the arrangement i unlaWl z B receives ©7,000 a month as kasambahay in the Ruiz household, However, Mrs. Ruiz does not give the exact amount fo B on payday allegedly as deduction for her S89 centribution. Was the deduction rover? YES. Section 8, Rule IV of the IRR of receiving i in the premium for the proporto is vals Batas Kasampahay iprovides that if the Kasambahay is ve, the Kasembahay shall pay the eroporionate snare 22 B receives a monthly ‘age of F7,000, she should pay 1g, te deduction mace by Mrs. Ruiz for ihe contabution The employer of homeworkers inciudes hy person who, for his account, or on behalf of any person residing outside the county, or through an,employes, agent contractor, subeantractor, or any other person: 1. Delivers goods or materials to be processed in 3 home and’ thereafler retumed or to be disposed or distribuied in accordance with his directions, or Sells any good ar materials to o€ processad in athame gnd then cebuys them after processing (Art 183, Labor Code). ie dents. She Werks from her apartment. Gan she B renders onlin 30 forall claim benafits granted to homeworkers’ NO. Unéer Sec, 1, Rule XIV, Book Ii of the RR of the Labor Code. the provisions on homeworkers ‘apply to these who performs in or about his home afly processing of goods or materials, in whole or in part, which have heen furnished directly or ifcirectly by an employer and thereatler to be retuned to the latter. Here, the work performed by B does noi contemplate any processing of goods and materials furnished by an employer. An online tutorial service 18 not a homework within the costemplation of the Labor Gode. Therefore, 8 may not claim benefits aranted to homeworkers, Mahtworkers " mn to prov erative to night rmployers shell encore that rnessuree shall bo undertaken to provide en sltsrative to ont for pregnant and nursing employees who would be called upon te perform such work [Among the sitervative measure te night work Yor such employees ors: raster today wore 2. Broun of sodal secunty henefs 5. Extnalon ot eternity teave (S80. 6,D.0. No, 118+ San Bena Gouisar or Law 2017 Cenvaanizzo Bax Orurarions80. at. LABOR LAW POST-EMPLOYMENT Employer-Employee Relationship ‘Tests to Determine Employer-Employce Relationship The “control test’ is commonly regarde¢ as the most crucial and determinative indicator of the presence ‘or absence of an employer-employee relationship. Under the control test, an employer-employee relationship exists where the person for whom the services are performed reserves the right to contro! not only the end achieved, but also the manner and means to be used in reaching that end. (Chevron PHL, inc. v. Galit, G.R, No, 186114, October 7, 2015). Another test for the determination of the relationship between employer and employee is the economic dependency test which depends upon the circumstances of the whole economic activity, such as: Extent to which the services performed are an integral part of the employer's business; Extent of the worker's investment in equipment and facile Nature and degree of control exeteised by the omployr: Worker's opportunity for proitnd Ip8: wt Amount of initative, skal, judgmekt or foresight required for the suécess of the claimed independent enterprise: Permanenicy and duration of the relationship between the worker and the eriployer. and Degree of dependency of the worker uoon the employer for his.continued employment in that line of business (Francisco v NLRC, G.R. No. 170087. August 31, 2006). geons No ABC Corporation is engaged in préviding™ janitorial Séiices tol itsclients. A, one of its employees, was sent by ABC Corporation to'be one of. XYZ Corporation's janitors. However, after years of providing janitorial services with XYZ, they: decided to terminate the service aeetreot between them. As a result of the Contracts tofmipation, “ABC dismissed 30 of its Gmployees and A was among those employees. A alleged that being 2 regular employee, ABC Corporation cannot just dismiss him, hence. an illegal dismissal.case was filed by A. On the contrary, ABC clairiiéd that A'was jist a projett emfiployee and that his employment Is dependent on the gervice contract of its employer with: their client: Was there illegal dismissal? Decide on the case. Yes, The primary standard determiiritig: regular employment js the teaSofiable connection between the particular activity performed by the employes and the employor's business or trade, Guided by this fect a's work a8 a janitor, service, ere and senitation aide are. necessary or desirable to ABC Corporation's business of proving jaaitotial and mappower. services tits clients as an independent cetector, Hence, A is-a fegular empléyes ahd his eftiployment did not depend on the service contract Gntered by ABC vith ts diem (Universal: RObina Sugar Miling Corp. v. Acibo, G.R. No. 186429, January 15, 2014). . Kinds of Employment 4. Regular Employees — engagad to DoS BAEES won ao usualy macassary of desabie inthe tswal business or trade of the employef, (LABOR CODE, Art, 295); 2. Project Employees — employment has been fixed for 2 specifi project or undertaking the completion Pecvoeymatan cf which has been determined al the time of the engagement of the employee (LABOR CODE, Art_ 298): 3. Seasonal Employees ~ engage for the duration of the season (LABOR CODE, Art. 208): : 4. probationary Employees - made (o undergo « trial period during which the employer determines his Finoes to quslify for regular employment based on reasonable siancards made known to him at the time of engagement (IRR of LABOR CODE, Book VI, Sec. 6); 5. FineacTern Employees ~ those who enter into an employer-employee relationship for a fixed aaseton knowingly and voluntarily in equal terms and with no moral dominance (Brent Schoo! v. Zamora, G.R. No. (-48494, February 5, 1990); 6. Cason Employees — engaged to perform a job, work, or service which is merely incidental 10 the business of the employer. and such job, work, Of service is for a definite period made known to the ‘employee at the fime of the engagement (IRR of LABOR GODE, Book Vi, See.5(). .d in work or service that is seasonal in nature and the employment is Saw Beon Couece oF Law oa77 tuascgen Eat Beenie |= 22 ‘LABOR LAW ee Frolect employens may bosom a4 employees when one is employed outside the scove of the project or t ‘continu y the same employer for the tasks or same nature of tasks cessation of a project and such task sbi tothe usual buses performed ware vital, necessary and indispensable to th or trade of the employer (Maraguinotv NLRC, GR. No. 120060, lanuary 25, Yoea), Se DUSTESS 82. 83. 84, 26 Subcontracting versus aly Contracting Contracting or Subcontracting is an arrangement whereby a principal agrees to put out or farm out with a contractor or subcontractor the performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job, work, or service is to be performed or completed within or outside the premises of the principal (D.0. 18 A, series of 2011, Sec. 3{c)) To be legitimate. contracting or subcontracting must satisfy tne following requirements: 1. The contractor or subcontractor carries on a distnet and independent business and undertakes to perform the job, work or service on ils own account and under its own responsibilty: The contractor or subcontractor has substantial capital ar investment: and ‘The agreement between the prinapel- and, Contractor or. subcontractor assures the contractual sntilement to all labor and occupational safely and fiealth standards, ‘ree exercise of ‘olf organization, security of tenure, and social and welfare nenefit (Spie NY Span Services v. Paje, GR. No. 174984, Muigush 25, 2610) - 2 a refer to an arfangément where: - ia) capital oF inyastinents in the torm of tools, equipment, hers, 2nd the employees reoruifed AND placed are jas stich are usually necessary Of dosirable to the operation of the comeany, oF to the mein b of :he principal within @ definite or predetermined period, F such job. nice. to De performed 07 completed within or eutside the premises of the principal. The contracior does not exerc'se the ompic 0. 184, series of 2017, Sec. Labor-Only Contracting =! 4. The contractor doe Jné-{6.coritrol over the performance of the work of the * Victation of any provision of the Labor Code where | conspiracy tha employer anc he | centred WA are Hable’ ployer or nairec Feiturs of | io pay the wages of his _Exdent of Liabilitye — ao - To the extent of the work performed For purpdsetof determining the extent oftheir civ oes isda Effect of Termination: ES Prior 10 the expirztion of fl cident Pre-termination of the Service ingreement not due te authorized causes undar Article 298 (283) of Employment (0.0, No. 18-A-11, Sec. 13) ‘Govarnied by Attic: 238 (283), and 239, (284) of the Lav — Perel The party at ‘be hable to unpaid wages and ‘thet unpaid benelits Including unremitted legal inendatory contibutons, without prejudice to solgary lability of the parties to the Service Agreement. ine Service | ino partes to Ihe $ s — = omen ok] Paentl separation ben fs as, Tay De oe bY SSliaion of the Service Agreement or:| Pay or Serve Agreement, witout eho eeintee fof the phase ofthe fob, | entitement to hie completion bortises org work oF service for which the eee ets inclecing retrement bette employes is employed _| spplicanie ES San Bepa Couoz oF baw 2017 Cevreauizen Bas OPERATIONSLABOR LAW ‘TERMINATION OF EMPLOYMENT 85. Resignation vs. Constructive Dismissal Resignation is the voluntary act of employees who are compelled by personal reasons to disassociate themselves from their employment. On the other hand, there is constructive dismissal if an act af clear Giscrimination, insensioility, or disdain by an employer becomes unbearable on the part of the employee {hat it could foreclose any choice of him except to forego of his continued employment (Hyatt Taxi Services, Inc. v. Catinoy, GR No. 143204, June 26, 2011) 85, A is a janitor of XYZ Corp. While cleaning tho President's office, A broke the President's favorite figurine unintentionally. After that incident, XYZ Corporation reduced his benefits compared to the others and that he is being singled out which prompted him to file a resignation letter. A now comes to you for legal advice about hor chances of winning an illegal dismissal case due to constructive dismissal. What will your advice be? Explain the concept of constructive dismissal. | will advise her to pursue the case because if she can properly prove and adduce pieces of evidence that she was indeed singled out which promptee ecto resign, then that is a constructive dismissal There is constructive dismissal-when' there: cessaliof Of’ work, because continued employment is rendered impossible, unreasonable. unlikely, as an offer involving a demotion in rank or 2 diminution in pay and other benefits. Aptiy called a disinasal iv d’sgule o to appear as if were not, eotstructive dismissal may, fikewis insensibily, of disdain by an or foreclose ary choice by I Port Terminal ine, G.R. No. Two-fold requirements of dilé process: In order for dismissal oF employees to be must be complied wit, live an plbcearal ctremerts of due process im jor (a) just cause under Ar. 297 ed Galisineee AG 206 (Closure of Establishrent and wise a8, Grout fo" Tet nation). By 2. The procedural aspect -oqufes thal 8 brployor shall oogore ie fllowing It he termination is ‘a5et! on ust cause-under Ait 267se Fe 1. The substantive aspect 1 {Termination by Employer) or (a) au Reduction of Personnel) of 299 (Dis sp@iyina the ()‘grSund(s) for termination, Gi) company policies, i any, (ij Getaled natratici’of facts ag basis of the charge, and (iv) @ directive for the on EE Nil Foxconn witin semaate ened nable period’ is constided aa period of at least Salendar days. o. ArRiting or sitecnes SURCr Noremoig oO Ese atird te emoioyes amplo portunity 10 be head a to defend himsel win the.assstance of counse ithe so desires; and SL/NY Wes A written notice of teiination,senve involving the charge have been con justi tne severance of employment. iF the termination is based on authorized cause under Arts. 298 and 299: It is deemed complied with onal Ofc of tre DOLE at east tone senses of walter note tothe employee and tne appropriate Regional seen oe Soret effecuiy ofthe tormnton,specying the ground er greunds hereto 2. A writien notice sorved onthe: hie-einelayee, indicating that (i) all circumstances ‘fad and (ji) the grounds have been established 10 aoe e a ecticg is served the employee within a reasonable time fram the effective date of tewénation J cn reasonable and lawful grounds speciied under to: An enployee may validly be terminated based on reasonable and = Te enpleyers coneany policy or undor the CBA (0.0. 147, sees of 2076, Secs. Gand 7) San Bepa Cource of Law O17 Cenraauizes Bax Oveexcicns 2787. _ + tial to his! ner health 28 LABOR LAW Requlsites for Terminetion of Employees based on Just Causes 1. reasonable and iawhul 2. relating to | habitual (Nissan gercmanceot | edoe Wotore Put Juties; and 2 sufficiently | Angelo, GR. 3. ompteyee has | known toine - | 96887 Become unfito | employee: and | September 14 continue working | S'conmested | S0°% riteomployer | wine dos (Okonomosint! | False Resources Cop. | tooscnece VNovajande. | (rapa ake | GR No. 214008 | Pomese | December 7, Cooperative, | 2015) | tae. v: Ductan, Seno *- positon of tustand omission orrission confidence; — | punishabie by | simlarto | 2.actjustiies | anc: and those | theless oftrust | 2 commited | speafied just and confidence | against | causes (Wesleyan | employer | 2 voluntary University ofthe | -Any immediate | andior wit Priipoines v | family member” | on the par of Royes.c.R. No, | ofhis the employers | employees semployer’s | (D.0. No. culy authorizes | 14715, Sec- Mepresentatwe |, 5.2%) HOO Noah ey 15, S0q, 5.29) | 7. There must intraduction of machinery equipment | oF ather devices; 2. The introduction must be done in good faith: | 3. The purpose for such | inttaducton must be valid such 28 to s2 on cost, enhance efficiency and other Jjusticiable economic 4. There is no other ‘option available to the employer that he introduction of ‘machinery, equipment fo device and the ‘consequent termination of employment of tose affected thereby; anc 5. There must be fair and reasonable criteria in selecting employees tobe terminated here must be superfiuaus positon or services of mployees: 2, The postion of s8hvces are, in excess of what is, reason demanded by the actual requirements ofthe nlerprise lo operate in an. scchomical and eficnt © 3, Thate mus! be good Faith in abolishing redundant positions; 4, Thote must be fair ana reasonable selecting the employees o be ormingied 5, There must be an adequate praof of redundancy such as but not imited to the new staffing patter, feasibitty studiestpropesel, on the viabiity of he newy crested Postions, job description ang the approval by the management of the tgstructuring (0.0. No, 147. 18, Sac. 5.40) San Broa Concece oF haw 28 2017 Cewrasizso Ban Orceations king. | “Phe reterichiment rust must be a HeAsonaby necessary” | decision to close or a ikely 1 prevent cease operation of the Trepece kaete, nteroree oy ne management 2: The lisoos aroady = ‘Route are ot morey Se ririeboansarie Bevis, actual and val Fon expects, 6 ‘Sasonaty imminent 2 The decision was made in good fat ang 3. Thore is no other option available fo the ‘employer excepto close or cease, ‘poration (0.0. No. 147-15, See 4c), 3 The expecied actial lossas roust ve proved by 196tghd convincing feree; and 4 The cetrenehment must | be in goad faith for the advaneament of ls interest ‘and not to defeat or | circumvent tne employee's Fight io security of tenure and 5, There must falr sng reasensble orieriain ‘ascertaining who mould be tiemisged and wo would | be retained amorg the employees (0 0 No. 147- 75, Sec. 5-4%c}) |89. 90. 1 LABOR LAW Disease 1, The employee is sutering fom a disease; 1e continued employment of the employee is prohibited by law or prejudicial to his/ he well as to the heaith of his/her co-employees; and " emesis 3 There i carifcaon hy = conpetnt pLLse Rest a Abert ha the daease iso ech nau or ich stage that it cannot be cured within a period of 6 months even with treatment (0.0. No. 147-15, Sec. 5.4(e)). proper ean ‘A went to ABC Corporation, his employer, to inform the latter that there was a leak of its payroll and as a consequence, A's family discovered how high his salary is and started asking money from him. ABC made an investigation and found that B, the payroll master, Is responsible for it and dismissed him on the ground of willful breach of trust and confidence. Was the termination of B correct? No. The first requisite for dismissal on the ground of loss of trust and confidence is that the employee ‘concerned must be holding a position of tust and confidence. The position of payroll master does not involve dealing with confidential inigrrvation intthe\course.of the performance of his functions since the nature of his work does not per regula .nd confidential labor relations but G eMlere tala (Jerusalem v Keppel Monte an 2p only just updates the payroll information’ and cz Bank CR. No 169864, Zprd 6 2014-951" Miguel Foodss Inesw San Miguel CoxpeSuporvisors and Exempt Union, 2011) ‘ |A, as Administration Manager of BBC,.takes charge, of the managerpent. of administrative personnel assigiied to the head office as well as the security ofthe company staff and premises End the Implementation of company rules. In March 2016, a strike was-staged by X Union and it was alleged that A used her authority and/or influerice as Administration Manager to compel her Co-employees to stage the illogal work stoppage which she denied But hevertheloss, was proved that she {6 indeed responsible for it, BEC terminated: hor employmentdue to willful breach of trust. Is there a valid termination? | eee Yes. The first requisite sfhissal dy thé ground OF I fst and Gonficiénce is that the employee Zenverned must be one helding a postion of trustand eonidanes. There &76.two classes of positions of {managerial er ployeos 2d fiduciary rank-and-file etmployees. The seeond dass or fiduciary rank trevfl employees cat sist of cashiers,.audilors, broperty-custédians, été, orthose who. in the normal Rorcise of thelr funcio’s, regu handles sigaiicant amgunts of tigney .or property. These employees, though rank-and-file, are routinely, charged with.the care. ‘anid. Custody of the emplayer’s ethos or property, and are thus dasalled 68 Occupying positions of ust and confidence. A's duties as Tro ncininictnton Manager include ranaueinent of the administrative agsistanis who are assigned to ere auicien heads inesfar 28 thelplaninistrative functions afe. concerned. The position. of an aoe ooneeton Nanagor may thus Be péBpef\y-consiGered:as a managefial position, boing a head of aaeiisitalive assistants of other divisioRs aidkbecause,cf the, performarice of work directly related to aarrmeraent policies and coTTpary rules. The termination ie val (MW Zender PHL, Ine. v. Erviquez, GIR. 169173, June 6, 2009), a ‘A was hired as company driver of ‘KPC, Inc. and Waé"Zssigned as the President's personal A ae ree oningr after dropping the President at his resident, A used the car to go get his Sfrieiend'B so that they can go on thofe date. Aer their date, A brought the company car home ai ienged it there, The next morning, the President confronted him about it but he led. A was are Part ved a notice of violation. In his answer, he admitted that he lied and apologized. ren sting to A, the President told him that he ean borrow the car whenever he needed it. As for aac oraigont he alleged that A would always do the same act over and over again and would ea eae eejut it, A wae later on terminated due (o serious misconduct. ls tho termination valid? Seer aa cconduet 19 jusiy dismissal undor the law, (a) it must be serious: fo) must relate to me yea otance of the errployee's dues: and (c) must show tnt the employee has become ott © oe ee king or te employer. Inthe Case at bar, A was terminated net fo the singular act of 09 Soe oad ay car but that tho incident wes preceded by other instances of unauthorized use otis corre aang ine venice out and driving it to his home, the driver exposes euch company proper oer ete age or lose and Habity. In addon, such Use Is not Fee of costs. sinoo the extra ourney toe a eae er and tear, and other allied expenses. The infractions of A were numerous ensugl onlay already smeurt to an unlavdul taking of compary resources and inal they Way be Ss Ire ne ear arcus misconduct leveled against rim (Roza v. Damoku Electronics PHL. GF. 188464, July 29, 2078). Saw Bava Couser oF Law 2017 CevreautzeD Ban Ovexarions 7993, 94, 98. 96. 30 LABOR LAW A, a security guard of KLP, while doing his usual inspection around the company’ heard a sound of a running industria fan With the intention of turning it of he followed the Sound only to find X and Y having sexual intercourse beside the big bamboo organ. A immediately went back to the guard house and relayed what he saw to B, another security guard ‘on duty. Due to such event, X and ¥ were terminated due to serious misconduct. Was the termination valid? Yes. Sexual acts and intimacies between 2 consenting adults belong. as a principled ideal, to the realm of purely private relations. Whether aroused by lust or inflamed by sincere affection, sexual acts should be carried out at such place, time and circumstance that, by the generally accepted norms of conduct, will not offend public decency nor disturb the generally held or accepted social morals. Under these parameters, soxual acts between 2 consenting adults do not have a place in the work environment (Imasen Philigine Manufacturing Corporation v. Atcon, G:F. No, 14884, October 22, 2074). Will they be entitied to separation pay? No. The payment af separation pay is only due when 2 dismissal is on account of an authorized cause and the amount of separation pay depencis.on the ground for the termination of employment (Belarde v Fuentes, G.R. Nos. 205685-86, June:2?, 2015)... elee”.s AGA 7 Gi A, the company’s secretary, was offered a promotion. However, despite the offer and @ huge Increase in her selary, she refuses. The campany then terminated A based on wilful disobedience which prompted A to file an illegal dismissal case. Will the case prosper? Explain. Yes. Promotion-is the advancement I Sion io another with an-igcrease in duties and responsitilies as auth and usually sceompanied by an increase i'salary. An emplayee Is not bound to the nature of ‘or reward. Refusal to be oromoted is a u ringt be considered in law a5 insubordination or wilful lawful order ofthe e ., i cannat be the basis of an employee's dismissal (PHARMACIS sn UPJOHN, ING ¥. Albayda, dri GR: No, 178724, August 23, 2010). ‘A, the widow of B, alleged that B commilled Ssuicide:because he was depressed at work especially when December came and he was still not allowed to go home. The widow stressed that his death was compensable because his emotional trauma was caused by the conditions of his job 2 1 and acgravated by the acts of the port captain, fs the widow's contention corvact? No. CI liable to pay the. heirs oft jeath benefits once it is established that he died duriny the effectity'of his e the employer may ssfully be proved that the seaman’ death wes caused by an injury 316 or wilful ect Thus. since petitioners were able (© substantially lerio's death is direetlysatiibutable £0 nis dalibérate act of hanging himseif, his nd his Hgirs not entilled to eny comnensation or benefits (Unico \¢. v. Matipol, © RNB 205562" Januaty 2% 2075) Reliefs for illegal Dismissal fs from legal Dismissal [An illegally dismissed employee shall Le entilled to the rollowing 4. reinstaterant without loss of senionty rights and other privileges: 2. full backwages, inclusive of allowances: ‘avon tim : nneis Botner benefits oF their monetary equivalent computed from the time his compensation was wit fromn him up lo the time of his actua) reinstatement. (LABOR CODE, Aft 294). “The following relists are also awarced in lege! dismissal cases 2 RWeed of separation pay oF financial assistance in cases of VALID dismissal but long years of service, and others are taken into consideration; Re ifthe diemissa\ is based cn any of the just causes under Art. 297, no financial assistance may Deigranted exceat perhags under the last mentioned ground (analogous cases) where the cour, for the goke of social justice. may grant the same. (1 AZUGENA, The Labor Code, supra at. 904) ‘Saw Beps Couuece oF bart BOLT Cenvesuizen Bar ventions97, 99, LABOR LAW ©. Award of penalty in the form of nominal damages in case of termination due to just or authorized cause but without observance of procedural due process (Agabon v. NLRC, G.R. No. 158693, November 17, 2004; JAKA Food v. Pacot, G.R. No. 151378, March 28, 2005). 4. Reliefs to ilagally dismissed employee whase employment is for a fixed period: ©. The proper relief is only the payment of the employee's Salaries corresponding to the unexpired portion of the employment contract Award of damages and attomey’s fees; and 9. Imposition of legal interest on separation pay, backwages and other monetary award. Reinstatement is the restoration to a state or condition from which one had been removed or separated. The porsdn reinstated assumes tha 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 unfiled position which is substantially equivalent or of similar nature as the one previously occupied by the employee. (DUP Sounds Phiis and/ or Manuel Tan v. Court of Appeals, GR, No, 168317, November 21, 2011) Backwages represent compensation'that shiduld havatbeen eamec but were not collected because of ne unjustdlmssal. Corb mens Coutol Appeals, GI fia IGtb2, February 20, 2019) Ais working as bank collector. It was later discovered that several funds shé was handling were misappropriated. Tie bank then dismissed A and filed a series of criminal cases against her. A fon the other hand filed an illegal dismissal case against the bank. The court held that there was illegai dismissal and ordered the reinstatement of A. However, instead of reinstatement, separation pay was given to A due strained relations. a) Was such act by the bank correct? 2 b) If there is no reinstatement what will happon to A’S backWages? Yes. Urder the doctrine of strained relations, the payrtent of seperation pay is considered an caplable alternative to reinstatement when the fatter option is no iongar desirable or viable. in one hand, such pa 6 the employee from what could be a highly oppressive iment. On the other hand, tt releases the emolayer from the grossly unpalatable ints employ a worker if could no iongar trust, »work obligation af maintainin vb} Emoloyees who are illegally dismissed are entited to full backwwages, inclusive of allowances and other benetts or theif. monetary equivatont. computed from the time their actual compensation was withheld from then up te the time of their actual reinstatement. But if reinstatement is no longer, possible, the backwages shall be computed fram the time of their ilegal termination up to the finality Of tho decision (Bank of Lubao, Inc. v Manabat, G.R. No. 8722, February 1. 2012), A case of illegal dismissal was filod by VD against UB Inc. and JU. The LA ruled that VD's oi ibut was raversed by the NLRC on appeal. VD was awarded backwages from the date of her dismissal up to the dato of the NLRC decision and separation pay in tieu of reinstatement dug to strained relations. The, decision became final and executory. UB inc. later challenged the basis for NLRG’s award of backwagos computed at the time of VA's dismissal up to the finality of the Court's Decision, arguing that full hackwages is computed from the time an itlegally dismissed employee's compensation is withheld up to the time of his actual feinstztement. And sines the decision of the NLRC awarded separation pay in lieu of reinstatement, petitioners argue that backwages should no longer accrue beyond the date of the ald NLRC Decision. How is the amount of backwages computed? The computation of backwaages és {ram the ime of dismissal up to the finality of the decision ordering separation poy in lou of rainstatement. When separation pay is ordered in leu of reinstatement hackwages 19 computes from the time of cisrrissa! until the finality of the decision ordering separation pay. The finaly of the docisicn becomes the reckoning point because in allowing seperation pay. the fini decision effectively declares that the employment relationship ended so that separation pay and backwages are fo be computed up to that point (U-BIX Corporation v. Valerie Anne H. Holiero, G.R. No. 199660, July 13, 2015). San Bepa Counce oF Law 2017 Cevmauitss Bax Orzrarions 34LABOR LAW Preventive Suspension 100. $ was charged with violating “various company policies by misrepresenting and using his Position and influence in his plot to defraud § Company. Pending administrative investigation, S was placed under preventive suspension without pay for a period of 30 days. Continued audit investigation, however, revealed that $ approved/noted several CEs covering activities for which Payments were made but not actually carried out. Unaccredited third parties were also engaged in the implementation of the projects. $ was again preventively suspended for another 10 days. May a subsequent preventive suspension be imposed for a separate or distinct offense upon an employee? Yes. While the Omnibus Rules limits the period of preventive suspension to 30 days, such time frame pertains only to one offense by the employes. For an offense, it cannot go beyond 30 days. However, if the employee is chargad with another offense, then the employer is enttled to impose @ preventive suspension not to exceed 30 days specifically for the new infraction. Indeed, a fresh preventive suspension can be imposed for a separate or distinct offense. Thus, an employer is well within its rights yusongsorigs tnat may be later discovered whe the frst Ine g Solin G-R. No. 19776; December 7, 2018). 101. Based on tiie company retiremelit plat; @ miember’ts Compulsorily retired’upon reaching the normal retiremest date which is the. date ‘when the momber has reached age 60 or has completed 30 years of service, whichevor Gomes first/A, upon'reaching 60 was compulsorily fetired (based on the retirement plan) and received his retirement pay. He, however, continued working for the company. Alter another 4 years of service, he ‘iow retires and demands retirement pay. Will A's demand prosper? No. A already 15 Whott Hetellred Under the retirement plan that was effective dur when ha reached 60 years ohage. An employee is only entitled to the benefits of retire United Laboratotes, 6.2, No. 155629, Apnt 22, 2009) 102. M retired from thé eniploy of JC Tailor Shop..M filed a clei payment of retirement pay. The Labor Arbiter dismissed his claim. it held that since Mr. Monroy is only a pisce-rate worker, he does not have'a fixed monthly salary which would be the basis for ihe computing the retirement pay urider Article 302 of the Labor Code. Is tr. Monroy entitled to a retirement pay under the law? cee Yeo. Under the 2076 Handbook on Workers? Statuigry Monetary Benefits, in awarding tre retirement pay under Aile 302 of the Labor Code 16,those workers siho are paid by resus and do not have @ For. ronthly salary cata, he basis for the determination of tne salaryfor 15 days shal be their average daly salary (ADS) The ADS is cerived By“AMIGing the total salarY’or earnings for the last 12 months caty ead yom the dete of réliremont by the number of actual working days in that particular period. A Fioee-rate worker who performs his sock in the. company premizes iS 2 worker paid By result Thus, Mis Pistia toa retirement pay. (Lambo v. LAC, G.R, Mo, FEI0A2, October 26, 1990). With the Labor Arbiter for the 403, Afiled a complaint for illegai dismissal with the NLRC against his employer B. The Labor Arbiter decided in favor of A and awarded the monetary claims he prayed for in his complaint. However, Se sesails the Labor Arbiter's decision since he claims that he must also be awarded interest at a ate of 6% per annum on the amounts awarded from the time they became legally due him until Gmiry of judgment. A goes to you to ask your legal advice of his chances of recovering an sGunional award of 6% per annum on the monetary claim awarded to him? What will you tell him? No. The interest of 6% per annum for obligations not consttuting 2 loan of forbearance of money is ane thet may Be imposed al the discretion of the court. This form of inferest is not mandetory but Siseretonary in nature and therefore, not necessarily owing to A. Thus. A is not entited to such interest Siscp te avard Is diseretionary upon the Labor Arbiter (Lim v. HMR Philippines, Inc., G.R. No, 207483, August 4, 2014). San Bepa Counce oF Law 92 3017 Cenreauzen Bax O1PF wonuw 104. twenien femnloyss of XYZ Company for 20 years. To facilitate the grant of his SSS retirement benefits, N entered into an agroament with XYZ Company whereby the latter would issue a fos tMtention of le seperation {fom employment notwithstanding the fact of his continued mployment as a laborer Upon reaching ‘the compulsory retirement age, N was actually deemed retired and was paid his last salary, but not retirement benefits, N filed a claim for the payment of his retirement benefits. In its defense, XYZ Company claims that N was no longer its employee because Mr. Q employed him after it issued N's certification of separation from employment. \s N entitled to retirement benefits under the Labor Code? YES. In Oro Enterprises v. NLRC (G.R. No. 110861, November 14, 1994), the Supreme Court held that the beneficent provisions of Art, 287 of the Labor Gode providing for retirement benefits is apart from the retirement Benefits that can be claimed by a qualifled employee under the social security law. Under ‘at. 287. an employee upon reaching the age of 60 years or more, but not beyond the compulsory fetromen age, who has served at least § Years in the said establishment, may retire and shall be eritlod te rekorvent pay. Hete, N should be entilad to relirement pay as a necessary consequence of {he fediag that he was an employee of XYZ Company (Masing and Sans Development Corporation v Rogelio, GR. No, 161787, Apri 27, 2011) 105. Managoment Prerogative ce AN. » Spiseiplingds ear 406. X, an employee of ABC Company, lent his 1D Card to N for N to get a clearance for the release of x ag omite warehouse to facilitate the loading of agods. and citribut Bods OT ne management of ABC. Coripaly dlscaverad the tsfoprbser products: donee with ils rules and regulations. X xe Geeipeny, ABC Company argues that'th vot ABC Company's fon, and dismissed ed a Complaint for illegal dismissal against Shack implementation “of company rules and feguiatlone is 2 valid exercise of its management prerogative: ABC Compas correct? NO. As a rule, ar of tho implementation of company fules and’ regdlalions SRployees. However the ovetcise of management faitand a dus consideration of the ights of Heya Gard was 10 benefit ABC Company. Th ‘Gongon v. Rapid Mowees & Forwarders. Go pe as eee eiyrer serious breaches of company ru ih managing jis own affairs, including sition of dfeciplinary measures on its ‘by good employer is, given,a Wi ment eres Beaicpaseal fr Xe misteprosentaton is unwarranted penalty Of di IY Gifs 163431, August 23, 2013, Borsamin, J.) was disiniss&%i from employment after y introduction of alcoholic beverages Season having sexta ngaresurse ne offoe Dee ee Code of Conduct provides that violations than 30 days, Mf claims that the pens een moted with 2 penalty of suspension Gromigsal is a valid oxercise! of managem YES. es ojos, ncusive of those deem to constitute Sap Trttoyetner negate his prerogsiive- afte cesp to Shey get outin the rules may ard do coret eerlployee ct the imposition of sanctions ire ipo severity ofthe violations corneitied By N Hote Conduct. Ho employer may rationally De ope Tack of morals, respe the dgrity and respons penalty of clemissal was 8 proper SxStcs Pfpde shall be penalized with suspension of not more Soe Shupon hi was hersh and that he should have 3 inc, onthe other hand, claims that the 1s 22z Ine, correct? ei idles of conduct and discipline for its Suet, cannot and sould not operate gto seine and deciaro whether oF not facts not A BAER sorts misconduct 2s 0 jstty the dissal of Biute han those specificaly and exoressly prescribed. mre? ig 2 heavier penalty than that provided in the as to continue in emiployment a person whose ogee yt mployer, regard fr hs employers ees, 2nd Sapo vay Oe yan so ply end compealy been bared Theeioe rae Se anagement prerogative (Stanfors-Microsystems v Tne formulation 2nd promulgation RRC, GAR. No, 74187, January 28, 1986) a “Transfer of Employees FOL EDOM to ander omloyees fom one fe os 60 oh The err Be ametan ro mC e ale Fe ee ae oe ie ‘ected Breage. The tanner Sau eda casme vorace & UR ne Aboven OE No 172724, August 23, 2070). ‘sax Broa Coutrce oF Law comtaues Bas Orsaanions 9 ,108. 108 110. LABOR LAW Productivity Standard Failure to observe prescribed standards of work, of to full reasonable work assignments due to inefficiency may constitute just cause for cismissel. Such inefficiency is understood to meen failure to attain work goals or work quotas, either by failing to complete the same within the allotted reasonable period, or by producing unsatisfactory results, This management prerogative of requiting standards may bo availed of so long as they are exercised in good faith for the Gdvancement of the employers interest (Leonardo v. NLRC, G.R. No. 125903, June 16, 2000). «Bonus ‘A bonus becomes demandable when: +. Stipulated in an employment contract: 2. Company policy or practice: 3. Granted 2s an accitonal compensation which the employer agreed 10 pay without cabiton, thus is deemed part of the wage and is demandable (Atok-Big Wedge Mining ee ihe V atok Big Wedge Mutual Bonet Association, G.R. No, £5276, March 3, 1963) d. Change of Working Hours the GBA botween S85 Garters’ a 42:00nn arid 1:00pm-5:00pm_ on’ ‘wor sour work schedule from 9:00am- x faweelgor Monday’ ta SUiday. I ikewise rosarved in SSS Games certain management prerogatives, including the Uetermination of thé work schedule. $35 Games issued a memorandum decagnaptne heer, of Here ‘rom 4:00pm-8:00pm on Jaesdaye and Thursdays, when games are held: Teer tained the #:908m-5:00pm schedule Tor nongarte avs. (9 the exercise of thalageinan bier 4OMN, yo? YES, Management's Sealant E718 ou discretion andgfudament, all aspects of employment, including repwroreimeions, tire, oece end manner of work processes 10 be followed, cupenision. of wor fg Feguiations, transfer of empioyses, work Supervision, layott Gf workerg anc aBbloline. & | af workers. Here, while the CBA sopeges or a 7 nour work schedlo. ft kewsqaai on $88 Games the prerogative 10 Change existing matheds or feciiies;t® chyna mresofore, SSS Games may sagt change the work schedgle'n he CK inating between Emo are Sine : 4 - ships: by aftinit or consanguinity, with any ‘the employment conwact conkait@ Te oyar en any exiting oF CE sreeice of a competing dud employee aurees ee he pronation ans! won te emoloyees i Ta Laon re the erate Vat cali anpievbes of competir companies coud ecayse,tdlationships of that nature might BD voc sbock te nt wot ts exnonic Saree ian met Gamnnin CO ea apn to aont irae re ly to prtreie ran eae BS (peanuts and to expansion and or ny oanguree aL NERO SN aig enitles 19 respect and Son Te a at oan ge ane Dose PTOW Glaxo Wellome anes GAR. No, 162904, Sapte tye ognn ay ot at Sane, ys Mgconablenass must bo clearly establishes Tioheld the policy, thus the employer has the burden of bo less efficient. To uphoid the aeastioned ruies without valid justification ‘would entitle the emplayer to Grier ec ghod te Guar rennin og anata, post-Employment Ban oo ws nee ml Sn re er er ta Stowe. that ine restriction 1s reasonable and not grater than necessay to protect the employers Sat fn mn uu nd era sn ‘Sax Beos Couteae or LAW 2017 Cevrnauzen Bar Orenareonsm 412. 113. LABOR LAW SOCIAL WELFARE LEGISLATION SSS Law Compulsory Coverage: 1. Allemployees not over 60 years old (R.A. No. 8282, Sec. 9a): 2. Domestic helpers who has rendered at least ne month of service (R.A. No. 10361, Sec. 30): 3. A Filipino seafarer upon actual daployment by the manning agency which, together with the foreign ship owner, act as employers (SSS Guidebook on Coverage of Emplayees, 2010 Site Edition; also included in the POEA Standard Employment Contract for Seaferers): and 4, Self-employed person, rogardloss of trade, business or occupation, with an income of at least 1,800 a month and not over 60 years ald, including but nat limited to the following, should register with the SSS (FA. No. 8282, Sec. 9-A). Voluntary Coverage 1. Spouses who devote full tin igehold and family affairs (RA. No. 8282, Seo. 91): 2, Persons separal 3. Solt-erhployed, who reali 4, Filiginos Resbu ied by forekg 8282, Soe, tyand foad (RA. NOE? 282, Sec. 9 (c)) By Agreement! ee = Fa rere gocetinent, inistaorbl REveadaton biol yl dima, jPrCmertalty employing workers in the Philigpines. may enter into 2 acteement with the Philippine gdvémrment for the inclusion af suen emelayees in the S98 except hase already coveroMBy Mr especive'chil service retirement systems (RA. No. £282, Sec. 6). par4) a E> Can a member of a cooperative os under the SSS? % Yes, provided that there exists an employe 160 Felalonsrig between the owner-member and the Cooperative. Where the cooperative hs the soleleonirel alee tae mnannel,dnd means of performing the aarere under the Service Contacts with the ark. a6 Well ag he Teans end methods of work, the cooperatve is solely and e je for tg. ownerg-manibgte’ toam leaders and other representatives ond Tey Bloor Republe Avasio Cooperate, GR. No 172101, November 23, 2007 4 i ig.an employos of a Foundry Shop earning P4,000.00/ month. Due to his struggle to make encs cat, ho requested his employer to §top deducting from his salary his SSS monthly contribution setts) hat ne’s already waiving Nis aaeial Bocurly coverage, tf you were his employer, would you grant X's request? 2 hs Pn Ve you grant XS Uaian 2 of the Sobial Secinty "ACER, Nop 8282), the payment of SSS monthly No. uncer Set cy cn canmat ho waved ever Dy the emoloyen ims, The approval of X veto. 2 vslaton mputaole © Resrrpagy ox weretexampany may be helé table under the 88S law. Fea acis ofthe provision of padkdge of wella® benefits far superior than those provided by SSS plan. Therefore, the petition for exemption will not prosper (Philippine Bioorning Mills Co., inc. v. San Broa Cousce oF Law 2017 Cewrnasized Bar Orerarions 9°° LABOR LAW Exclusions: Employment purely Casual and not for the purpose of occupation or business of the employer 2. Services performed on or in connection with an Alien Vessel by an employee if he is employed when such vessel is outside the Philippines; Services performed by Temporary employees, which may be exciuded by regulation of the Commission. Employees of bona fide independent contractors shall not be deemed employees of the employer engaging the service of said contractors; Service peroumed in te employ ofthe Pipa ne Government instumertlty or agency erat ani Service performed in the employ of a Foreign Government, international organization, or their wholly-owned instrumentality (R.A, No. 6282, Sec. 8 fj). . The owners of FALCON Factory, a company engaged in the assembling of automotive components, decided to have their building renovated. Fifty persons, composed of engineers, architects and ether construction workers, fed for te renovation which Is expected #0 last for 3 years. The employosst¢onten ce work they should be subject to compulsory coverage under he S8S Lav ic onto >. ‘The engine architects and other eonsin ction Workers * ict to compulsory,coverage under the Social Secu ty Law. Under Sec. 8 of R.A. No, 8282, employment which is pureliécasual is excluded Hee the conetige ot tne $85. Law. Hare Ihe{ emplaiment of the ongnogrsarliects, and other tee eco neaharain Ure FAL CON asus piety Cogua ang Ie muse ofthe business of eareien f oatsuse of bestaterehoest Deora outings, OF Wh. Gena te nae of work performed by them “Thérefore, their omployment is excluded from the ‘scope ofthe SSS Law. Depet Legal spouse eile’ tor Supgort 1 2. Chad, whether legiumate, feutimale, et 3 Senden for s Gohtitions for Children iY 3 : 1. Unmeried ae Bal Y gainfully employediand 'f i fo 5, Mastot reaches 21 yeas sacar Aj neti cohgaatly or whe st 2 minor has ently ineapeci fre aigeiteunbon. oh Sically oF mentally # 1. Pama pretation), lore ‘a. The dependent Seduse. nti! he or she remallies F wsgume sible i eg {timated or \ joptecvand i ildren. a cert oe eb nmieggeael ae asenios Of primary beneficiaries) secondary baneicies (in the abgeiog of ray cue 2, Secondary bene ine pmory beelicanoe, te dependent pares of — a Inthe apeonce oe Farryepag, any ce peteoncesneted y ho cover re (R.A. No. 8282, Sec. (4) Broa Couce oF Law | BEDA \ Set nealLABOR LAW _ (ea Benefits neu peer tstikes GonreS el een eee 1 Member must have been reported for coverage by his Funeral employer evenif no contribution aaid: ie Seen + month 2. Self-employed membefOFW/non-working : : i‘ Spouse/voluntary member who had at least 4 morthi Contribution payment (R.A. No. 8262, Soc. 138)" 1. Unable to work due to sickness or injury for at least 4 months within the |” days; Sickness | 12-month period | 2. Has used up all company sick leaves for the current year | Benefits immediately ptiorto |” and has duly notfied hisiher employer: or Semester of inury:-|: 3 NOtIYINGSSS directly by fing a sickness benefit application (R.A: No: 8282, Sea. 14(0) oe” Notiy the S88 thd he Femptoyerdlpianancy and > 4s, p probable date ofher childbirth, Ges 2 Full payment shall be advancad-by the employer LL [5 thin 20a foutinig yp of mpmaterniy leave ‘apslicalon > 4. Payihiontof dailymatornity benefits shall be a bar 10 the tecovely ofsickness benefls under ho SSS law | i tor the sam BEDS or vena ily maternity benetis moni of have been tecaved, | sions within "|b, ‘S85 she inmaediately reiburce the employer of the aac nth period amon of matomity benefits edvenced tothe Zonet, ately b employes by Uie-employeccupon receipt of Salisfagory Ofogto! such payment and legality “miscariggs ivthout tne required contibutions having seine for herby hc employer, or without the Bile having previously. Abtfed the SSS, the employer Shall pay £0 the SSS damages equivalent to tho ‘Banefts Which said employee member would otherwise have boon eitivadet6 (R.A. No, 8282, Soc. 14-A). 5 r ive momber tthe Socal Security System for the past 20 months. She 115 oe ame pregnant cut of wedlock and on her Tih month of pregnancy. she wes informed thet she PCa have fo deliver the baby through eaosarean section because of some compltestions, Gan Aeinimn maternity benefits? It yas, how many days cen she go on maternity leave? $e Somuan 1 tne 598 law dogs nt prevde ay quakcation a6 (oth ch status of he eetrant Xr matomtyvonelts's0 org the ae fete employee hes pa a tat 2 none coniotone wit torn prod medal proces sees her nb or macarage Her Shea ators cents boenne sve hos pad et conten fort pas 20 mors eefeee be paid a dl materi bona equvalentto 100% of her average diy ely cea or TB days case or caesanan deers San Bios Couzcs oF Law 2017 Cevmmaus Bas OveaarionsLABOR LAW ‘SSIS Law Coverage 116. All All government personnal, whether elacva or appointive, respective of satus of ppointnant ee Hey an eating fixed monthly compensation and have not reached the ‘mandatory reieate py af 6 vets ioe cometary sremdinn memteeit We GSIS and shall be iat: An employee who is olready beyond the mandatory retirement age of 65 shall be > compulsorily covered and rm : compulsorty and be required to pay both the life and retirement premiums under the following 417. J, a former director of DOLE, ate 38 ‘an elective ofa who athe tine of iho alte time of election opi offices bow 65 years of age and al be 65 years or more at the end of his term of offi inc ic soto ic years or mote ame of ico eusing te pera’ of ha re-loch to put offco b. Appointive officials who, bek i Is who, before reaching the mandatory age of 65, are appointed to government position by the President and shall ment service al age beyon: rane soe o na ‘on service al age beyond 65 (IRR of R.A, No. Contractual &iployees includingeast ise ctnpleye "an employee-goyernment agency relationship-aré. also, compulsdrly Covered, provided they are SGeiving fixed 1 thiycémpensaton and Tendering the Teauired number of waking hours WBNS Gani((RF of R.A. 42g? RULE Ml, Sec. 23) ume LAV >} +. Members of the Philippine National Potce PIB SUBeL 0 The concitan thet mey rust settle frst wee TS pen Gaba 2. Metnbor of triste Fores. of ee atte frst thei findncial Qbiigation vath th ; . 3. Contractuals wha have no employér-emple Pawith the agencies they serve; Sana eenpel fe Burau of 3 Sartore perso of he Bureau of Jai Ae sih ay 5 ior nd Senge man Qtlea wip a eee sexpert Saag ede rl have en at ego! WOIR ane ae Pot reconng Bee monthly Hse, SF. ef 99. ADOLEALO visit on work safety. She was SiVakutblts for suct project, report on a regular sh consultations. For this, J demanded that yee and’ that Aer @SIS membership be renewed. Compensation RR of RA Ne529 fired as a consultont and 16 roe TiSie and present fof DOLE dur pestis reported by DOLE.ag;n 284 Rule on J contention NY y Bene acuals who Rove no employer Pele oftention 1s wrong. Undef Sec: 9 of the IRR: of R.A a Se ployee relationship with the goverment agency they, oe ‘excluded from the coverage of the aecelosee tee engagement © congue agape Ps inte she was hired for 2 Sets prot. bs a contractual 2 aarp wine government J GSIS specie ect be renewed. Therfare, DODEIe Ge! renuies © Teport J as an employee for purposes of GSIS coverage Dependents «Te legmots Spouse depends superiuaan eer et 1 Tee agra pei eb nga ong cent te Negnns Ne The eat mattied, not geinfuly employed, not over ihe ‘age of majority: oF - Bie overthe Gorok Tnajenity but incapacitated and Incapabie lof self-support due to 8 mental Is ove te Borat gequved proto age of MOPMTY 5g 4. ares raat nie rember or spat A Ne. 0297 S252 ‘San Bena Cousce oF Law 2017 Cewraiizen Bas OvenattonsBF™ vcr 118 ries 1. Primary Beneficiary includes the legal dependent sf th i pouse until he/she remarries and the d children (R.A, No. 8291, Sec. 2 (9). rence 2. Secondary Beneficiary includes the dependent parents and, subject to the restrictions on the dependent children, the legitimate descendants (RA. No. 8291,Sec. 2 (f)). Benefits Benefit Peirce’ 1. Rendered at léast 15 years of service: 2, Atleast 60 years of age at the ime of retirement; and Retirement 2 NOUseelving 3 monthly pension benef rom permanent total dsablty NOTE: Retrement is compulsory ypan reaching 65 years of age with at least 15 years of, grod less than 15 years of service, he | may be GIREEYS: EBLIRRA. Mo, 8291, Sec. 13). 1, Effective trom the date of disability in service at the time of disability. a \Whe is separated from service, has oaid at least 36 monthly Gonteibutions within 5 years immediately. Bofors, the isablliy“ar has paid 2 foal of at least 180 ‘monthly conteibutions prior Jo the disabilty,.and | Permanent ithe is it service aiid has’paid a total OF atleast 180 rnotthly tontributions, he Total shail ceive an addinonal cash payment of 18 times his basic monthly pension, Disability 4° Member cennot- enjoy monthly “itcoms Sbeneft and the ot¢-2ge retirement | simuttancously,(R, A, No. 8291, Sec. 16 fa)! : NOTE: |? member does not satisfy the conditions above, but has rendered at | jess! J yeers of service’ at the time of disabiliy. ne is stl enftled to cash | paynient eeulvalent his average monthly compensation for each year of servce Sins tan £212,000 (R.A. No, 8291. Sec. 16) and paid 6 monthly Temporary Total ding the disability: | pisabitity 4 y iy benaft and sick leave pay simultaneously, | 5 if ciceblty requires Weattiént “peje 120 days, the payment of the | iempocary total Bipabilty beri may not Bxk#ed 220 days; and | 5. Such Const shall hot be less han PLONE IR. A. No. 8291, Sec. 18) L_ veh bone necro While on leave for « month, H, a policeman, was Shot to death while trying to pacify two of his Reighbors who are fighting. W, her surviving spouse whom he had abandoned years back fled peidtiee tor death benefits but was denied by the GSIS contending that H is not entitled to benefits since he was on-leave when he died. Is the GSIS correct? Rov While iis true that the presumption of compensabilty does not apply when police officers are on to. a this not the Case where a policeman responds to 2 situation on which his services is necessary leave ntaining peace ana order in such place. Here, H's act of responding to his neighbors situation wo rne considered an extension ofa police's function and ism line with his duty. Therefor, his death's compensable (ECC v. CA, GP. No. 115858, June 28, 1996) San Broa Couese oF Law 2017 Centasiard Bas Ormaations 9?a9. 420. 40 LABOR LAW PORTABILITY LAW tigated! Ronsblly [Lam established @ scheme by which the creditable services or periods of cule ee continuously, oF in the aggregate, of a worker under eithar of the Sectors (public or fe added up and considered for purposes of eligibility and computation of benefits. it includes contributions paid by the emok works loyee or worke Then ontbufne pt bye 9 Emoloyee of worker on ‘account of the worker's membership to the Coverage All worker-mer nment 5 . otal perbere of the Government Service Insurance System (GSIS) andfor Socal Security 4. Who Transfer from one sector to another, and 2. Who wish to retain their membership in both Systems (IRR of R.A. No. 7699, RULE |, Sec: 1). Te “The process ot ang up te pate Rte BREE ons ure each of te ystems Tepumposes of olay ans computation ofbenehttsee"2,FeA-No, 769) . Totslization shal apply in the following insian ° rota a 2ePi gies fr any bene tej bol Sysfons : 2. ita merkar inthe public secior 5 not qualified Yor any B in the G3IS: oe Se ee any panes home SSS private sector is not quali 21 or both Systems, totalzation shall not apply. For the purpose oF c enefite. to il apoly in all cases, 60 thai the cont caren cyember in-bath Systems shall provide maxitaum BEABE Whe OTS I the conuibutian be lost or foretgd IRE 76% The transfer of funds far the RA. Neo by IRF What wit happen tothe crectsble Services Gr ebsabutions in bow ystems? They shail be eas fee eocited to their Servite or conbrifution Feces sa for oupose® of cid-age, Higabily. sina Pe maak Tor SSS OC ESIS denetis,i ether of:Bomn sys (RA. No. 7699, Sec. 3)" = 3 asco of overlapping pstiodsof membership. shal by ced tod only ONGE for purposes of toraiization (R.A. No, 7699, Sed. 3) ie Lulelto hes boon working with Lima Laid for 20 eave Wanting to work in the public sector, Me plied with and was offered job in the Tjovernment sector. Before accepting the offer, Pe app reg to consult you whether the payments that he vend Lima Land had made to the SSS ean be wanferred or credited to the GSIS What would you advise? tran Ferm him that tne payments he and Lira Land Ma paid to SSS will not be erediteditransferred nba his assumption to duty in public office, Howenst Under the Portabilily Law, one ray combine Nis yyoars of service in the orivate sector fepresented by his contabutions to the SSS wit We ‘government ye gad contributions to the GSIS for purposes of Co 20, ‘isatility, survivorship and other benefits seivge the he does not qualify for such benefit Sither or both Systerrs without totaization. This in Sins thal he may later on be fotaized under {ho ‘Limited Polabiity Law when he faite to qualify for Lonefitg in either or ooth of the Systems. ‘Sax Bex Couisce or Lav 2017 Cewreatizen Ban OPERATIONSLABOR LAW EMPLOYEE'S COMPENSATION Coverage All employers; Employees not over 60 years old; Employees over 60 years old and paying contributions (LABOR CODE, Art. 174); Employees eoverable by both the GSIS and the SSS; and Filipino employees employed abroad subject to prescribed EC regulations (LABOR CODE, Ar. 175; ‘Amended Rules on Employees’ Compensation, Rule l, Seo. 2) aaepo Specifically, employees belonging to either of he following sectors shall be covered: 1. The public Sectors comprised ofthe fllawing a, omployed workers who a¢2 covered by the GSIS, inclusing the members of the Armed Forces of the Philippines (Circular No. 06-709, July 24, 2009); ,_ elective officials who are receiving regular salary, c. Those employed as Casual, Contractual... Emerge’ (LABOR CODE, An. 173)g) Amended Pules!n Gy 41) “ Es CE, "Ge 2. The private sector comorising all the eniployed workers why afe covered by the SSS (Ar. LABOR 3 5 Compensation, RULE I, Section 4(2). ncy, Temporary. or Substitute employees Compensation, RULE |, Section of the employer shall take effect,on the first day of Nis operation, and that of the ployment (LABOR CODE: Art..{76. Amended Rules on Employees Sec 6} eg ¢ ions for Compensability. injury and the resulting disability 6r death to: Be*Gmpenisable mUst be the result of accident arising cuto! aed in the course of the 2. The sickness ang the resuling.disabil ocoupetional disease listed undep the, @ules mitytne condor pth proof must be shown that the nisk of contracting the Usease is incréaked by tne working conditions. ‘Theory of Increased Risk. “Theory of Inueased Fisk I rolovant wea, the zilment 6¢ Ig. for Habilfed.4¥ ef Tescupaticned diecase thus, proot must be shown thal thers of contiacting We disease is increased by the working condilions (GSIS v. Calumpiano, GR. Na, "496102, November 26 2015), Under this then. thors must be a reasonable proct (hal thstiicyees working condon increased Under his theo. a eeane otha ite 6 conneeton betoon fis work andthe cause of he Foe Eco GR. No, 150268" Aonl-12, 2000), Cy a reasonable proot Of work eae oa eet oa connection, fej Io establish conpaneabliy of @non-orcupalonl come wr GIS Cordero, GR. NO, 171378, Merch 17, 2008) Proximate Cause Theory have arisen in the course of employment, every natural consequence .g out of the employment. unloss itis the result of an independent induct (Belammino v. ECC, G.R. No. Where primary injury is shown to that lows from the injury lieewise erises ef intervening cause attributable to claimant's own negligence or misco 90204, May 11, 1990) 2&sHour Duty Doctrine For the purpose of determining companaabity of ry o¢ deat, sok and poten and even : : tound-the-does Bu tie doer, whe Forte PetRe turf tet work may bo consterec on Cy : Semen byte natu of el We me renee te wonecomnecton equate (GSIS . CA, GR No. 1288524, Aoni 20, 1999) Saat 2017 CesaanitaEp Bas OrzearionsLABOR LAW Continuing Act Rule To be compensable, the act of the employee of goit ; going to, or coming from, the workplace, must have been a continuing act, that is, he had not been diverted therefrom by any other activity, and he had not sos from his usual route to, oF from, his workplace (ECC Soard Resolution No. 3914-A, July 5, Personal Comfort Doctrine ‘Acls performed by an employee within the time and space limits of the employment to minister to personal comfort, such as satisfaction of thirst, hunger or any physical demands, oF to protect oneself from excessive cold or heat, shall be deemed incidental to employment and injunes suffered in the performance of such acts stiall be considered compensable and arising out of and In the course of employment (ECC Board Resolution No. 99-08-0068, August 5, 1993) aise BF ge 88 Peace afd order problems ofthe country, more This rule gqverns 2 situation whois be particularly the, insurgency prablems, it has become ‘generally perceptitle that on accoynt of the nature Of their work, tnembers of the AFP have became "metked men” insofar as insurgents ‘dnd other lawiess: Clemente are congered and ate, therefore, killed by’such insurgents at evory opportunity, Thus, #f'er Se oer catfors 2 contingency, iis presumed that it's becayse of the nBture of his wark (ECC Boart) Resolution No. 3908, July 6, 1888) Presumptive Compensability. This provides that the moment 2 member of tnéyAsmed Ke fe8'Mbiflers a contingency. the presumation a ee pccgcas ofthe nature of is work. Hower, Int following tances, he asabliy or death Bramember of ine military is deenied not compensable: Hoe ie easing on lurlouch or or-ieave, he or she is eoisidered absent irom wiley Sere Yr ne oon Suck, Convalescent oF Compassionale leave, axcapt when the leave had due rected illness or injuries? "2. *E 3, While the for Graduation leave; ard 4 When th elas (ECC Board Resalution No.0: 01, 1993) x 120014, February pisabiiny or beat is rot compansa tte nity i causes by Oia teaton t injure or kil himself or affoihor . Note: Sui re oF ims oy bne's own aggression is nat compensable, Svicile Note SO frau rom weeny res fn comersebe work ry: Ars or isu rosuing fom compensable J82ase 2, Intonation as fotorous regigonos ~ 3 Notonous Ngo coverage bylaw (LABOR CODE. A178) ing Lines to work aboard the vessel M/V Princess ‘thio. visibly drunk, and challenged those present t peiween F and if ensued, leading to M's eventual 424. Mwas employed as an Engineer of $55 Shipp! While the vessel wae docked, M boarded the ‘with an axe, injuring P, Fellow seaman. A fight Geath. is M's death compensable? death Gor Art 178 of tne Labor Code, death is nok compat when caused by a willful intention tO NO. Under nimcelf or another. Here, W's death is ainbutabss (© Ne ee ‘aggression, disregard his own wrfonal safely, and disobedience of rues evidenced PY pis cet of boarding the vessel visibly drunk. Therefore, his death is not compensable, nw Bron Couixse oF LAW 42 2017 Cenmmatrzen Bar Orenarions422. LABOR LAW LABOR RELATIONS Right to Self-Oraanization The fight to seltorganizaon is not liited to unionism. Workers (i¢., ambulant,intermitent and itinerant workers self-employed people, rural workers and those without definite employers) may also join or form an association for mutual aid and protection and for other I eo {yal aid and protection an legitimate purposes (Art. 253, Confidential employees are those who (1) assist or act in a confidential capacity AND (2) to persons who formulate, determine, and effectuate management policies in the fiald of labor relations. The 2 criteria are cumulative and both must be met The exclusion from bargaining units of employees who, in the normat course of their duties, become aware of management golicies relating lo labor relations 1s a principal objective sought to be accomplished by the “confidential employee cule" (Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery. GR. No. 162025, August 32010): us to alary ard cofipensatin data arg NOT confidential ‘wn "aor wlatonsiorration.Alhough Payroll master and employees who have employees. Their positions ¢o not involve Aticle 255 of the Lat the naigbilly 10 jon, form or assistabor organization 10 managersl employees, under tho doctrine of necessary implication cdcfdeptial employees are Tkowige incligule because ‘rallawes |» be aftieted ath a union, the fatter Right not be assured oftheir loyalty in view font conflict o* steresta and the union can also become company-denominated with their presence in ui ‘bership (San Miguel Foods, Inc. v. San Migue! Corp. Supervisors & Exempt Union, G. R. NO st? 2094). ‘art, 234(¢) of the Labor Gade requires the hst af names fall the union member of an INDEPENDENT LINION comprising of at lcast 20%. of the bargaining unit, This’ should NOT be equated with the list of ho participated in the organizational meetings Managerial Empioyee is an employee who 1s vested with powers or prerogatives to lay down and peep manage nent policies of fo hire, transfer, suspend, l2yolf, eecallcischarge. assign of discipline 1, Onininss Rules imp the Labor Code), supervisory Employee is 29 employee who; in tho inlefest of the employer. effectively recommends aan epenel acuons and the excros8°OF such aathoniy is niet routinary of Gerical but requires the use of raepencent judgement (Sec. 7, Onmbils Rules Impiomenting the Labor Cod). [ABC Association tiled an application for registration as a workei’s association of its name with SOLE: B filed a petition for the,cancellation of registration of ABC Association on the ground tre ite members did not fall under any of the types of workers enumerated in Article 253 of the rast ode. B opined that only ambulant, intermittent. The Inclusion 3s union members oF =mployees outside the bargcining unit shall not be a ground for ‘on of the registration of the union. Said athplayees are automatically deemed removed from the list of membershig of said remerl are Considered to be supervising and instructing the ~ aluating ‘their petformance and making reporis’ and Sinos foremen are nct rank and fi 228 but are ey are ak foved from the list_ of Santo Consvlidaled Mining Company v. The 157086, Febnuaty 18.2013, Bersamin, J ; LABOR CODE, Att, 256). Xs and Conditions of membership ‘hated with # federation, national union ora chartered local which endent registration but die! not disattliate from its Federation (Sec, 1 ‘Omnibus Implementing Rules} fon wes designated as the sole bargaining agent in the check-off autherization form, his simply means that it wes acting for and in-behalf ofits affiliate, The federation possessed the status of an agent while the local union remained the basic principal union wich entered into contract with the respondent company. When the local union disafif/ated fram the mother federation, ihe former did not tose its legal personality as the hergaining union {Elisco-Elro! Labor Union v. Noriel G.R. No. Le 41955, December 29. 1977), Although the fede disaffillated from Federation X. Car: Unton A file the petition? il ceases to be entitled to the rights and privileges granted to a legitimate labor organization becaiig s Say Bros Couras or Law ‘2017 Cewmeaizep Bar OreranionsB77 Lasor.aw . 126, 427, ‘Substitutionary Doctrine Where there occurs a shift in the employee's union allegiance after the execution of a CBA with employer, the employees can change their agent but the CBA which is sill subsisting continues to bind the employees up to its expiration date. However, the new oargaining agent is not bound by the Personal undertakings of the deposed union. They may bargain for the shortening ofthe expiration date (Benne Consolidated, inc. v. BCI Employees and Workers Union-PAFLU, G.R No. L-24711, Api! 30, Bargaining Unit Bargaining unit is a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific ‘occupational or geographical grouping within such employer unit (Sec. 1, Omnibus Rules Implementing the Labor Code), Factor in Determining the appro kit Ut +. Community of interest Docting 6F Subst Mata Ini@yest RUB z oc. See z Leeds y Bargaining Representative and Rights of Labar Organization: SEBA Certification is bargaining representative of. th intary Recognition. process Wh labor organization as the exclusive bargalniqg-writ, This has replaced ‘rms and condivons of employment ievance Machinery Ethployellaé 2 Bystander - indeed, the demand of the law’ afd poiey;fo* an employer to tak® @ strict. hands-off stance in rrectcatien electons ¥s based on the febondlexlhat the employees bargaiping representative should be Cortcaton elections is Pemneave Inert of be management: thal, to be efecve. the bargaining chosen fee fron ry et oyaly 1 fe epoca ‘alono,and (0 other (HoW” Chid Cathafc Schoo! Pere tomas. 6 Fe. fo 179446, Joly 242018 «on June 10, 2017, a petition for cerificatiom elton was fed by Union A seeking te representa Or eeacg of rac an. fle employees. k was granted on July 16, 2015 bargaining unit cane 8 re hited on Api 18, 207, Busing te election, those 20 employees Were questioned on the ground that they are tot igibie voters. Union A contends that they are Teh be ny he ot len eg ta a io «recognized bargaining agent of X Corporation. On April 15, 2010, they agreed Union FSA a a arn of 3 eats oF aoe rit 2015, On the third year of the agreement, the wperee decided to extend the GBA for two more years or Unk APH TET On Maren 18, 2017, Parts eed a petition for cerification election. Should the petition be grantes Union fg ee dae tratany COA et tne parties may anterinta shal, EOFS a6 We epee No, Aide ined. be fora term of 5 vests, Ne pation quasionsa ne bey Sits ofthe aspect is concernant eal be entrined and no corieaon election eat De Sor snees oy Ft ember baroanng 290 aloe pga uae the date of xy of sch Sear em oe Saw Bepa Conzot oF Lav 2017 Grivaauiarn Bar Oresarions 45128, 129. 130. 46 -~-+ + aware LABOR LAW CBA. Here, the freed period was on the tc the freedom pri Yee" 2015 becouse the representation ospect ha aterm of § years regarcless of the extension of the GBA fsa, Since Ie plton ase hed ere a et Pod, he same must be deniad (LABOR CODE ale 9) lo employees of X Corp. wore members of ¥ Union, the DO1T Tre poatgaining agent. X Corp. and Y Union had a CBA which would expire on June 22 Union B. Ht appears that the petition for certification elections was filed on June 12, 2017. ¥ Union alleges that Article 264 of the Labor Code applies which provides that i shall be the duty of both parties to keep the status quo and continue in full force and effect the terme and Conditions of the existing agreement during the 60-day period prior to its expiration date and/or until a new agreement is reached by the parties. They claim that A, B, C, and 10 other employees violated this provision when they campaigned for, supported, and signed Union B's petition for Certification election, f you were the legal counsel of the said employees, how would you. counter the assertions of ¥ Union? They cannot be terminated, Under Article 268-0f hg abr Code, while itis incumbent for the employer to continue to recognize the majority st 1 the,tncuimbent bargaining agent even after the expiration Of the freedom period, they could only do.so Wwidiinid: WetilOn Tar eo" ication election was fled The Provision for sialus quo is conditioned on the fact that no certifcalfon election wag filed during the freedom pened, Bern ts sd on Junio! 12,i2047. Therefore, sider Anicle 268, at the 10 longer has the obligation to fEcaurize ¥ Union as the ‘or cattification oloction was filed, as in tnis 2s for automatic renewal aerlains on The pet . 25 net ulus g CBA anne = ing of = peton to eae af ere isa representational iss ‘on insofar as the “edho aall te rcation oF a new agreement will not appl c' Dequila OR. No. 1 7EBBE: Beara, 2017)! a aks employed by ABC SUPRIEIE NITE Wii fraer 3 contractor growers They formed their labor union dnd filed a petition for certification election before the DOLE. Upon learning of the same, the:3 contractoisgrowers filed a Notice of Cossation with DOLE ‘the 20 employees’ termination froim employment thus they filed @ case for ULP and isiiissal through their union. The Med-Arbitet diSmissed: the potition for corification clestion alleging that re embiover-employee relationship exists, In legal dismissal cases, is the LA bound by the ruling of the Med-Arbiter refjarding tho oxisience or nonexistence of the employee ralationship in the eertification election cases: o emfioaton soehat case, by the very talule of tat proceeding, dues Mecclone ail further disputes between the pates-asta the dxisnee or non-exislence of an emoloyer sncadent finding on ihe issue (Hip Resoy aja Merros, GR. No, 208986, January 13, 1 to be ropresentad, A eartcation c bargaining wit sough to be roprecented A see towing resus. What are the legal effects Twenty employ There are 600 eligible voters in election was conducted and yield ~ Union & ~_ Union B =o rion $paied Bale [cain San Bupa Coustos oF Law 2017 Cryreauzen Bar Oresavions131. LABOR LAW A valid certification election was conducted. To have a valid election, at least a majority of all the eligible voters (FIRST MAJORITY) in the unit must have cast their vote. Since there are 600 eligible voters, majority of which (301) should have casted their vote. 500 employees casted their vote: thus. the election is valid The labor union receiving the majority of the valid votes cast (SECOND MAJORITY) shall be certified 4a the exclusive bargaining agent of all the workers in the unit. The total number of the valid votes cast is 470. Spoiled ballots are nol valid votos cast because they are torn, defaced or left unfiled in such @ manner as to create doubt or confusion or to idenlify the voter. Thus, the majority is 236, There is no winner in the certification election A run-off election between the labor unions receiving the 2 highest number of votes shall be conducted when an election which provides for three or more CHOICES results in no choice receiving majority of the valid votes cast provided that the total number of votes for ALL CONTENDING UNIONS is at least 50% of the number of yoies cast Since there are 4 choices and the total aumber of votes of the ‘contending unions exceeds 50% of the votes. cast, a run-off election shall be conducted. Unions A, B, and C agreed to hold an election without the DOLE intervention to determine the exclusive bargaining agent. During.the elections. Union A got majority of the valid votes cas thus, it was recognized as the bargaining agent. What is the effect of DOLE's non-intervention in, the election? The jer the results thereof shall not constitute a bar to the holding of a certification siection for 1 year ftom the holding of such consent election (Seg. 24, Rule Vil, Omnibus Rules implementing the Labor Code) snsent election is vad, ho) By writen resolution approved by many (Union Does) Of al the menbers at # mscting duly called By: obtaining . tho indvdvol —witton for that purpose auihonzation uly signed ‘by the employee wihich must speci the amount purpose z “| and beneficiary. tr f A ae ig} Not necessary 1. For mandatory activities provided under the Labor Code: and | 2. Whon nonnembers of the union avail cl the ‘benefits of the CBA | Said serrmembers may be | assessed agency fees equivalent to Rs ch that paid by members only by 3 | Board Rescluion approved by a majonty of the members in 2 general meeting called for the | puroose | } | be T Non-members ofa bargairng agort tho Se ean | enjoyment of tne benefits under the CBA TR RE | May not bo deducted from the salanes of | yay be deducted from tho ealary of the union members without the writen | Smaioyoes without their wmiten consent consent of the workers affected | San Bepa Cousce of Law 2017 Cenveauizen Bar OrznarionsCae BOR LAW a 432. 133. 134, 48 Unfair Labor Practice Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. No criminal prosecution ma ry be instituted without a final judgment finding that an unfair labor practice wes committed, having boon it obtained inthe administrative proceedings: The Sal sxgorant iit administrative proceeding shall not be binding in the criminal. case nor be considered as evidence of Quill but merely as proof of compliance of the requirements (LABOR CODE, Art 258). Union A informed X, its member, that the union was not able to fully deduct the union dues from his salary and that his failure to pay the same would result to sanctions upon him. For failure to pay union dues, X was suspended. X appealed but it was denied, For 2 more occasions, X failed to pay union dues causing his further suspension and finally, his expulsion. His appeals were unheeded prompting him to fle a complaint against Union A for ULP. Is the suspension an act of Yes, All the prohibited acts consttuting UL.2 in.essence relate to the worker's right to self-organization Unie A's failure to act on X's valid app: ‘afitifes: ULP-(Mendoza v. MWEU, G.R. No. 201595, january 28, 20 ¥ aE 5 BCD Union is. registered Union which had 2 S-year CBA with X¥2 Corp:,The 60-day freedom period of the CBA passed without a challenge to BCD Union's status as bargaining agent. Three of its members wrote to the DOLE informing it that majority of its members:Intends to disaffiliate from their mother federation to form another union. BCO Union questioned the disaffiliation. Pending the dispute. XYZ Corp. stopped the remittance to BCD Union of the union dues that had neon checked off from the worker's salaries and recognized the new union. Does the fatlure to remit union dues amount to U Yes. It is nf thy t ly, which js-a form-ULP. Since ne petition for certification election chalet.) us of ACD Union was fled during the freedom period, it remained the exclusive ining age’ 2 employasgzand XVZ Cojporation’s refusal to pargain collectively constitutes t {union duds and the volyefary recognition of the new union were indications’ of interference employee's fight to E > 3) sch waters ate net verabistn cho RSmEBOOUGS cBinepecton /SeBeblrVeterans Securty “Agenoy v, Lacuysins, GR; No, 152396; Navember 20, 200%) : Sea LAY AAI is engaged inthe business-of -provi complaint for undeipayment of wages agai Regional Office contlucted'a com@laint ins non-payment of labar standard benpfits: Th pay the doficiencias! AAI alleged that the R Subject matter becalise the mority elaimt:of out that the Regional Diroctgr show!d have contention correct? { No. Art. 224 in relationito Art. 12 hear and decide Sabeg where’ the however, it does not cehfemplaté the duly authorized representatives. money clains of AAI'S-employeesicie exercised in accordance With Ariciaas Gxception clause (ExBataan veteran order for the agency to jurisdiction over the ‘eded P 5,000. It pointed zabor Arbiter. Was AA's Tongiciains Af cack) srsployee exceeds P 5,000; SDs fowers be ame Secretary of Laver or his ae ao) walypegzmed [uieccton over the re Oe aedcavsocuch piedcton wos dre rict Coco sngtiecane dose not al under the \gericy v.-Laguesmaa/ G.R. No, 152396, November 20, forge For a vais exercise by the OOLE S28 hey aUThnoized representatives ofthe vistoriat Fos vol evant powers, te ollowrng spatter mas C2" and error Penployes ronan sould tl Ont 1 The emplovererayee seve mace to cote othe inspecton bythe bor nspetors and 2TH finds nao eit ay cam o caant wih be DOLE Regional Dreier under Article 129, or the LA under Article 224 the Secretary of Labor and Employment: Sof legtimato labor organizations upon the fling of a complaint in consent ofa! fe0t 20% of the total membership of the Visitorial Power of yo inquite into the financial activities of Ie incor oath and duly supported by the writer labor organization concerned 2, To examine their books of accour swith the law and fo prosecute any vil 128, Labar Code) ints and other records to determine compliance or non-compliance tations of the lay and the union constitution anc by-laws (Art ting the 60-day freedom period not within siry o examination shal eot be conducted tu Do ee tee \BOR CODE, Art. 289). M Iminaciately preceding the date of election of urion officials (LA ‘Sax Beps Cousecr oF Las 2017 Crmeasiard Bas Orsxxrions 57456. Ju filed 2 complaint agains 38 : <= Who Exefeiges Power Secretary of Labor or his duly | esional Director or any duly authotlend represadtativs authorized hearing oficerof | Labor Abie | Lt Administrative - visitorial and | ‘enforcement power exercised through routine inspections of establishment Adjudicatory power on matters | gig walving recovery of wage | Mvdicatery power » 5 8 (Existence of Er-Ee Relationshi nen Seiten: Requires existence of Ei relationship E LS AND, Enforcement power isa § | FS eroper PSermoper offshoot of visitorial power |=! "=" inter | Fas: FAT | appeal to Secretatyof Labor” | 40 calendar da Decision may Be &levetedte the CA through éertioral : - nbvDGLE, Regional yPifce for illegal deduction, Troath pay, premiurypty for holiday and rest day ayiigi of wages and son-coverage of SSS, PAG- Jation, DOLE found thet private respondent was an is money. BB appesled tre decision, but the DOLE ‘there (3B embloyar-omployee relationship nonpayment of service incentive and illegal diminution 6f benefit IBIG and Philheaith. After, summary. employee of petitioner, and,was en missed the same, Car DOLE dotor between parties? aoe) YES. The Department of Laber. existence of an employer-emal fi (People's Broadcasting (Bombo Radyo,PHt: 2012). “The DOLE Ssoretary may suspend the ofecs of terminaion pending retktion of the dispute In the wre oe rma face fnclng by the appropnate ofa of the DOLE tefore whom the dispute is pending that pending Mermination ray cause 2 serious labor dispure: andor 3. The fefination fn implementation ofa mass lay-of (LABOR CODE, Arita 282), ont is fully s6usred to mate a determination as to the Tih Sferei ofits vsioial and enforcement power Rene Secretary of DOLE GR. No. 179662, March 6, luntary As se gin! ane excise juiton of he Labor ie under Ari 2, over cases fo The gn nr Ming imstathenocoiacts et tbe OBA. Th VA or panel of erm thus have orginal and exclusive jurisdiction over money claims asin from the interpretation or al have a nee som to etter ome compas implarentat ot mger Atle 274 (a 224), Labor Code) , San Bena Coutsce or Law 2017 CenreauizeD Bax OPERATIONSLABOR LAW 158. Als an employee of 8 who was dismissed after an incident where she hit B's transmission lines while operating 2 dump truck, On a complaint for illegal dismissal filed before the voluntary arbitrator, the VA ruled that the A's dismissal was illogal and deemed it 2 suspension without Pay, and ordered her reinstatement, Due to B's failuro to reinstate A immediately, A filed a n for the issuance of a writ of execution requiring B to pay unpaid wages, 13" month pay and bonuses from the date when his reinstatement was effected until actual reinstatement. VA granted the motion, On appeal, CA reversed the same. Is the order of the VA reinstating the employes immediately executory? YES, The reinstatement aspect of the voluntary arbitrator's award is Immediately executory. It has the same authority, force and offect as that of the reinstatement order of the LA as voluntary arbitration takes precedence over other dispute settlement deviss as mandated by tho Constitution, Artida 229 provides that “the decision of the Labor Arbiter reinstating a dismissed or separated employee, in so far a the reinstatement aspect is concerned, shall immediately he executory, even pencing appeal’ (Baronda v CA, G.R. No. 161006, October 14, 2015, Bersamin, J). 160. A is a regular employee of X Corporation. He was dismissed due to poor sales performance. A Submitted money claims before. the NCMB, BOih Parties agreed to settle amicably. The issue to be settled by the VA according.tb "thé @ubiaission ‘agredmiant is whether A ls entitled to separation’ pay. The VA rendered a decision finding X Corporation liable for illegal dismissal and since reinstatesnent is no longer feasible, it ordered payment of separation payend backwages. Can the VA tule on the issue of illegahdismissaland-backwages? =| \yS> YES, Voluntary arbitiators may, by agréohient bPthe pares, assume juisthillor Over a termination dispute such as-the present cise. Thesitintaty ¢ibitratog may, award backwages upon @ finding of iNegal cismissal Sven though (ne issue Dt entilement reretbS noCexplicy glalmed in the Submission Agreement. Backwages. in goneral are avardadigatheataundofecuily as qo; of rele that restores te ica fst 97 te terse erloye by ea SRS ARS V7« Camara ciclo =, Aibarico. G.R. No:n482295, June 26, 2013) Money.Clams re of action Tegal bisri sar Sa earstiom occ] DL oause of acon SES] | Reinstatement 4 yours met = ‘Sexual Harassment DORR sya 5 The 3-year prescriptive. dering in the. fighCofthe peciilienty of the SiL-cemmmences nol at the end of the ae 2 9% s en ithe commutation of his SiL but trom the time when the foe se MR a tun sn 156367, May 16, 2005) idafter s @f conciliation meetings IBM and N entered 161. 10M staged 2 sce against Man Ste proved, ater 11 years, 1M late fled ih Into = compromise sore eracution claiming that ty have not Been pad the amounts they 9 oo LO a eperatuy caused diay In paying thet claims. W argued that wero ontied fo Deca Neaeg by presrnmon because under the 2008 Revised Res ofthe iB ret ide my be eect on eoton win ere Fo te te pags final and exeoutory and thatthe same Herstee Ciate_of ie nally. May an NLRG-epproved aetion “whim 8 Der eck by Hing oto fori of exceuton afer = lepe of 10 eompro ee ‘a decision or order may be executed on i is barred by prescription. Under the lav, 2 s Zee ny oy oreo, et ebm ca oe lane sae ser cleat tao te NL gen onaied sme ae ie to enfor e same had prescrit yy the it filed their | ai High of acon oe Bin Hecie PH. Chapiar«Nealé PH. GP No 197 Sept dw Butiod 23, 2075). Say Brox Course or La gy 2017 Cevreauiec Bax Orsnarions ~~