IMPORTANT TOPICS IN LABOR LAWS & SOCIAL LEGISLATIONS PART1

Important topics in labor laws and social legislation. So, you have chosen important topics that you need to understand to have a complete grasp of labor laws and social legislation. But before that, I would normally tell my students that we lawyers are the most prayerful of all the professionals. Why? In all pleadings we submit, there is always a prayer. Prayer. Saint Thomas More, high patron saint of the lawyers. My students know this. I may be able in argument, accurate in analysis, strict and studious candidate with clients, and honest with adversaries. Foreign. Lose my soul. So, you would like to acknowledge our sponsor this afternoon, Only Bring Lectures, and then Miss Mela and then Manager, then of course you would like to acknowledge the Imperial and later probably the, of you know, are would join us. So, thank you Rex Bookstore, not for my hair and makeup but for sponsoring this afternoon's lecture. Yeah, and others. Okay. So, you may also join this or subscribe to this YouTube channel and for free materials for examination, you may join that YouTube, uh, not YouTube but Facebook group and then try to honestly answer the questions. Then if you want lectures or materials in constitutional one or Xbox store. Foreign.

[Music] Not because they are the ones sponsoring this app but because that's the truth and lawyers should always tell the truth. Okay, why are we here? Is okay. So, according to this, uh, vice president of Apple company, everyone talks about building a relationship with your customer. I think you should build one with your employees first. As I love to tell my students, the company's products are produced because of good employees. So, if you do not have a good relationship with your employees, how can you be a good company? How can you attract customers? That's one thing that probably employers and part of taking care of our employees is Republic Act 11 058, the occupational health and safety standards acting workplace. I know, and if the employee finds out that there are imminent danger situations in the workplace that may result in illness or injury or even death, he can refuse to report to work without reprisal unless the employer has undertaken efforts to eliminate that danger. Why? Because health is the real wealth and not pieces of gold and silver. Health is the greatest gift, contentment the greatest wealth. Yeah, faithfulness the best relationship is searching for other devices to labor local and overseas organization and organized or industry. Okay, promote full employment, equality of employment opportunities for all, and guarantee the rights of all workers to self-organization. That's a constitutional but in accordance with law. And on that basis, government employees do not have the right to strike because Executive Order 180, Pursuant to the Civil Service Law, does not allow strikes in government service. In the private sector, in Article 278, strikes, that is your right under Article 278.

Power Avenue, the case of Provincial Buses Operators Association of the Philippines versus Department of Labor. Labor contracts are subject to special laws on wages, working conditions, hours of labor, etc. But in other words, labor contracts are subject to the police power of the state.

Okay, so police power and police power, the most comprehensive, least limitable, all-encompassing of all the powers of the state that may regulate rights and liberty for the promotion of the common good. One example of police power in labor standards, a young Article 128.

That the Secretary of Labor or his duly authorized representatives may visit or shall have access to the workplace, see its records, check the records for violation. That is an exercise of police power. Am I at any time of the day or night for as long as work is being performed? There is. That's why police power. Now, number two is social justice. Of course, social justice, many of you, if not all, would be thinking of that old case, not even a labor case, versus Williams. The social just neither community but the immunization of the lost in equalization of social economic forces by the state so that justice in its rational objective recycled conception may at least be approximated based on a time-honored principle of sales populace.

The welfare of the people is the supreme law. Article 4. Policy of social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged. That is wrong concept of social justice. Social justice cannot be permitted to be refuge of scoundrels any more than can equity be an impediment to the punishment of the guilty. Those who invoke social justice may do so only if their hands are clean and motives blameless and not simply because they happen to be poor.

Illegal dismissal. The labor arbiter found out that the dismissal was legal. Therefore, collegial and dismissal. But in the essence of social justice, the labor arbiter awarded how much? I think 10,000 pesos financial assistance. Of course, the employers raising the legality of the award of, um, dismissal only. That's why the court came up with this ruling through the pen of Justice Isagana Cruz that you can only invoke social justice if you deserve it, not because you happen to be poor. Problems, of course, they are disadvantaged but that does not give them the liberty to violate our laws because the law should apply even to the rich or poor. One manifestation of social justice is construction in favor of labor. That is only if there is doubt.

If there is no doubt, do not resolve in anyone's favor because while the labor laws are intended to protect the workers, they are not intended to destroy or even oppress the capital. Okay, so you only interpret in favor of labor if there is doubt. If there is no doubt, do not interpret in anyone's favor but apply the pure and simple meaning of the law. Now, under the labor code, particularly Article 295, you have four kinds of employees: regular, project, seasonal, casual. Definitions. Okay, take note that under Article 295, there are two kinds of regular employees: when those who are engaged to perform activities which are necessary and desirable to the usual business or trade of the employer. A good example are private school teachers. Why will you enroll in a school without a maintenance group, without a janitor? Of course, you will. But will you enroll in a school without a teacher? Pero the school cannot operate in a real sense of the word school without a teacher. Therefore, regular young teacher is in relation to the manual of regulation for the private schools. Okay, so regular but the problem is provided by Article 296. Now, in a new case, Lazada Express employees who perform activities are necessarily desirable. Of course, regular. Yeah, maybe projecting now or maybe seasonal. Of these three, project and seasonal employees are generally engaged to perform a task for a specific duration while casual employees may want to perform, may perform work which are not usually necessary. The under the implementing rules necessary or desirable. Now, in the case of Lazada Express, online selling a platform for online selling, riders are they regular employees now applying the four-fold test according to the court, also known as the economic dependency test. Foreign business generally depends on the industry. There must be a reasonable connection. So on connections that will not complete the transaction. Therefore, necessary and desirable and service delivery riders.

You know what? Contracting, some contracting provided contractor, a job contractor, attendee labor only contractor. Okay, in another case during the pandemic is so is cameramen performing activities which are necessary indesirable is at least one year whether continuous or broken they attain regular status. Foreign statutory right under Article 13 of the Constitution, particularly Section 3, not the United Security under Article 294 of your labor code. You have the right to security of tenure and in the absence of due process.

Okay, no illegal dismissal. Take note while an illegal dismissal code, there's no title illegal dismissal. No ar.

or industry okay promote full employment equality of employment opportunities for all and guarantee the rights of all workers to self-organization that's a constitutional but in accordance with law and on that basis government employees do not have the right to strike because executive

order 180 pursue one to the Civil Service law does not allow strikes in government service in the private sector in article 278 strikes that is your right under article 278.

power Avenue the case of provincial buses operators Association of the Philippines versus department of labor labor contracts are subject to special laws on wages working conditions hours of Labor Etc but in other words labor contracts are subject to the police power of the state

okay so police power and police power the most comprehensive least limitable all-encompassing of all the powers of the state that may regulate rights and liberty for the promotion of the common good one example of police power in labor standards a young article 128.

that the Secretary of Labor or his Julie authorized representatives may visit or shall have access to the workplace see its records check the records for violation that is an exercise of police power am I at any time of the day or night for

as long as work is being performed there is that's why police power now number two is social justice of course social justice many of you if not all would be thinking of that old case not even a labor case versus

Williams the social just neither Community but the immunization of the Lost in Equalization of social economic forces by the state so that Justice in its rational objective recycled conception May at least be approximated based on a time-honored principle of sales populace

the welfare of the people is the supreme law article 4. policy of social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged that is wrong concept of social justice social justice cannot be permitted to be

Refuge of scoundrels any more than can Equity be an impediment to the punishment of the guilty those who invoke social justice may do so only if their hands are clean and motives blameless and not simply because they happen to be poor

illegal dismissal the labor Arbiter found out that the dismissal was legal therefore collegial and dismissal but in the essence of social justice the labor Arbiter awarded how much I think 10 000 pesos financial assistance of course the employers

raising the legality of the award of um dismiss only that's why the court came up with this ruling through the pen of Justice isagana Cruz that you can only invoke social justice if you deserve it not because you happen to be poor problems

of course they are disadvantaged but that does not give them the Liberty to violate our loss because the law should apply even to the rich or poor one manifestation of social justice is Construction in favor of Labor that is only if there is doubt

if there is no doubt do not resolve in anyone's favor because while the labor laws are intended to protect the workers they are not intended to destroy or even oppress the capital okay so you only interpret in favor of

Labor if there is doubt if there is no doubt do not interpret in anyone's favor but apply the pure and simple meaning of the law now under the labor code particularly article 295 you have four kinds of employees

regular project seasonal casual definitions okay take note that under article 295 there are two kinds of regular employees when those who are engaged to perform activities which are necessary and desirable to the usual business or trade of the

employer a good example are private school teachers why will you enroll in a school without a maintenance group without a janitor of course you will but will you enroll in a school without a teacher pero the school cannot operate in a real

sense of the word school without a teacher therefore regular young teacher is in relation to the manual of regulation for the private schools okay so regular but the problem is provided by article 296. now in a new case

Lazada Express employees who perform activities are necessarily desirable of course regular yeah maybe projecting now or maybe seasonal at of these three project and seasonal employees are generally engaged to perform a task for a specific duration while casual employees may want to

perform May perform work which are not usually necessary the under the implementing rules necessary or desirable now in the case of Lazada Express online selling a platform for online selling Riders are they regular employees now applying the four-fold test

according to the court also known as the economic dependency test foreign business generally depends on the industry there must be a reasonable connection so on connections that will not complete the transaction therefore necessary and desirable and Service delivery Riders

you know what um Contracting some Contracting provided contractor a job contractor attendee labor only contractor okay in another case during the pandemic is so is cameramen performing activities which are necessary indesirable is at least one year whether continuous or broken they attain

regular status foreign statutory right under Article 13 of the Constitution particularly section three not the United Security under article 294 of your labor code you have the right to security of tenure and in the absence of due process

okay no in illegal dismissal take note while an illegal dismissal code there's no title illegal dismissal no article entitled illegal dismissal no when is their illegal dismissal if the dismissal is without cause and without you process because that is a violation

of the right to security opinion now take note that in illegal dismissal cases the burden of proof based on article 292 paragraph B is on the employer not substantiated by facts would not be uh considered in illegal dismissal cases it is also true that the

one no alleges must be the one to support his allegations but according to the labor code the burden of proof is on the employer However the fact of dismissal if disputed must be duly proven by the complainant now in testing whether there exists

employer employee relationship do not forget this poor pole test also known as the economic dependency test to determine the existence of employer employee relationship and according to the Supreme Court selection engagement payment of wages my employer employee relationship with

their uh with their uh operator no now the most important is the control test according to the court and the mind control test with the power of the employer to determine the manner the method that means by which an employee would perform

the task okay now applying this 2017 by examination employer employee relationship between the driver and the operator of the jeepney of course it is not a case of less or lessee but a case of employer employee no hmm is

in boundary well it doesn't matter how the employee gets paid what matters is there is control so it's not less or lessee but employer employee so an employee has been adjusted to be illegally dismissed huh in violation of his constitutional and

statutory right to security opinion is entitled to reinstatement and backward yes now how do we compute Network reinstatement to the former position without loss of seniority because you cannot be reinstated to a position different from the former position you were

handling prior to this missile why is you have to be reinstated to the former position prior to your dismissal okay now the computation of back wages is from the time the employee was not allowed to work up to the time of reinstatement

but sometimes reinstatement is no longer possible now an award of pullback wages according to the Supreme Court is inclusive of all allowances and other benefits order monetary equivalent from the time of their actual compensation was withheld up to the time

of their actual reinstatement because there are two kinds of reinstatements at at the option of the employer if you read honestly article 229 their in-statement method is at the discretion not a discretionary state or not but the discretion as to the man

airplane statement why the award of brain statement as we all know is not only immediately executory it is self-executory you do not need to ask for a writ of execution to execute the award opening statement but under article 229 of your labor code

the employer is given a leeway as to the manner of reinstatement he may reinstate the employee physically or to the former position or reinstate the employee merely in payroll is that's why it is left to the option or

the discretion of the employer now sometimes it's difficult to reinstate an employer has been illegally dismissed that's why separation pay may be paid in lieu of reinstatement all right and according to the Supreme Court since you cannot find this in the labor code

that's one man's salary for every year of service but it is provided for by jurisprudence so what are the grounds that was asked in the 2009 bar exam what are the grounds that would justify the employer in just paying separation pay

in lieux reinstatement one of them's strained relations under the doctrine of connections when the latter option is no longer viable why on one hand such payment leverage the employee from what could be a highly oppressive work environment foreign

or a worker it could no longer Trust Supreme okay now as to the probationary period for Primary School teachers it's different code article 296 it is just six months but under the manual of regulation for private schools it is three school years as you can see

on your screen okay three years three consecutive years right that has been a firm timing again first in 1990 by the case of UST versus nlrc and then the latest is Holy Name University that in order to determine

uh the probationary period of private school teachers we have to refer to the manual of regulation for private schools not the labor code what is that manual all about it is issued by the Department of Education culture and sports at the

time hmm and according to that three years and probationary period now some private school teacher but according to USD versus nlrc the teacher must be full-time the teacher must have rendered three consecutive years of service and the service must be satisfactory

okay these are the requirements so that the teacher would acquire permanent status that's one of the few instances when the Supreme Court used the term permanent employment I'm full-time teacher working days devoted to the school how long is a working day under article 83

of your labor code eight hours for a normal working day six days a week okay no other regular remunerative employment paid on a regular monthly basis regardless of the teaching hours and for college teaching it is at least 18 hours

per week that's equivalent to 18 units per week part time that's an exception not the rule so while gun versus Holy Name University affirm the ruling of the court in USP versus nlrc as to the requirements so that a private school teacher would

acquire permanent employment status not the labor code but the manual of regulation for private schools under article 297 of your labor code enumerated are the causes for the dismissal of an employee even if security of tenure security these are called just causes the

employee has committed some serious misconduct they'll tell them some fraud okay neglected his duties so saving employer it's not me it's you okay employee in the case of Adamson University faculty Union versus Adamson University Miss Canada is a transgression established indefinite

rule of action a forbidden act but the court is also saying that if the miscanduct is not serious this missile may be two hours a penalty okay must be in connection with the work of the employee because if there we stand up no matter

how serious has nothing to do with this employment or not against the employer that cannot be a ground for this missile are we clear on that okay now when a teacher uses expletives against the students would that be

considered serious misconduct in this case according to the Supreme Court through Justice leonen yes that constitutes serious misconduct okay subsequent acts showing willful and wrongful intent then foreign oh yeah you also have to understand the concept of abandonment

abandonment is the deliberate and unjustified refusal it is a just cause poor separation from service why other causes analogous to the poor going enumerates okay abandonment therefore it is a just cause for separation from service now what are the

elements of abandonment one the failure of the employee to report for work without just or valid reason s number two the second element according to the court in the case of Maximum protective Maximum Security Agency versus Puentes the second element

which show that the employee has no intention to return to work anymore these two elements must both be present in order to justify the dismissal of an employee based on abandonment in another case is failure to report to work

is insufficient to support hr's abandonment the employer it is now the employer who must adjust clear evidence that that deliberate and Justified refusal is committed by the employer money employee manifested through his or her overt Acts as I keep on telling my students

whatever is Supreme now of course you have just cause but in order to legally dismiss an employee without violating the right to security opinion aside from just or authorized cost you must observe due process and the Supreme Court since time

immemorial has been consistent in saying that the employer must give two notices written notices to written notices that's why other jurisprudence would call it twin notice requirement um so the first note please must specify the grounds why should the employee be dismissed

okay explain the acts or omission that prompted the employer to initiate the dismissal proceeding give him the opportunity to be heard okay and after hearing you give another notice this time the notice of termination now what is the reasonable

time to give the employee an opportunity to explain distribution and control products versus Santos 5 calendar days within 48 hours why no sanctions should be imposed against you etc etc for the longest time 48 hours 2017 that is not enough you have to give

ample time to the employee who is at the brink of losing his livelihood an opportunity an ample time to gather data and evidence and decide on the defenses he will raise against the complaint including Consulting a lawyer to protect his interests

so that cannot be done within 48 hours so at least five calendar days if the employer does not give these two notices that this missile could be considered illegal okay take note of that um first notice the employee has explained

okay would that be sufficient notice do we need hearing a trial type hearing is not needed according to the court okay a trial type hearing is not needed for as long as you gave the employee the opportunity to explain whether verbally

or in writing that is compliance with a hearing requirement of the law okay hearing does not mean verbal argumentation alone again to your friends you did not explain they would understand to your enemies there is no need to

explain no explanation would be sufficient okay and standard the burden of proving the determination was foreign but according to the court the burden to prove huh just cause for dismissal must be met by the employer but it is basic

rule and evidence that is party must prove his affirmative allegation although we all know in article 227 of the labor code the technical rules are not binding before the labor Arbiter and the nlrc this does not mean that the

rules on probing allegations are entirely dispensed with why bear allegations are not enough they must be supported by substantial evidence at the very least but when employees go to the media are they committing any violation highest court of the land RTC

is okay in a public forum s accusing the employer of anything foreign utilizing only the weapons accorded to them by the Constitution okay just cause the employee is nothing but there is another causes nah unfortunately non-labor code it is just a paragraph but from the

paragraph in article 298 we can extract the different causes for termination of employment term as authorized course bucket authorized the employee did not commit anything wrong the employee is not at fault at all it is the employer Who provided the

grounds for the dismissal therefore separation pay okay so what are the authorized causes installation of Labor disabling device other jurisprudence would call it automation take note there is no need for actual losses because even projected losses if substantial could be ground for

dismissal and closer or cessation of operation now in the case of communication redundancy exists when the services of an employee are in excess of what is reasonably demanding by the requirements of the Enterprise in other words it happened recently during the pandemic

when restaurants and hotels were allowed to operate 50 partial operation 2021 up to 2022 . Waiters okay Young um based on redundancy but still process requirement still you have to give two notices to the employee not to the employee no to notices

internet hmm the employee messages that's the first notice the Department of Labor regional office must received by notice so two notices foreign what is the purpose of the notice to the employee to warn him upon impending loss of income or livelihood

um for the Department of Playboy to ascertain whether or not the grounds for termination are valid at least one month before the dismissal if you do not give it these are these notices then the dismissal might be illegal

now citing the same case requirements for uh apply for compliance with due process number one pretend notice number two payment of Separation pay we'll discuss that in a while number three good faith it means it is not redundant

um so if it is redundant you abolish the position all right and number four you have to have fair and reasonable criteria in determining what positions are to be declared redundant practice Union activities okay so take note of that now

employees who will be dismissed based on article 298. I my separation pay how much if it is due to installation of labor-saving device or redundancy it is at least one month salary or one month salary for every year of service

whichever is higher how do we interpret that salary one month four years yeah after four years because of redundancy for example then he has to receive four months salary for every service because that is higher than one month's salary

now if the ground is retrenched to prevent losses or closure of operation then it should be one month pay or one half month salary for every year of service whichever is higher in a fraction of at least six months is

considered one whole year using the same example nine months one month salary for it four years two months salary because for every year one half so up at the one half maybe two months what oh yeah why is

so it's just 50 that's reasonable okay so in the case of communication separation pay is required we'll discuss that in a while this is designed to provide the employee the where we tell During the period that he is looking for another job

okay now Becca okay so the amount of Separation pay is based on two factors the amount of monthly salary and the number of years of service take note the employer is not required to pay separation pay if the closure is

due to Serious Business losses or financial reverses okay that is the only time that the employer are not compelled by law to give separation pay attention but remember the burden of proving serious business losses is with the employer

okay the employer Marshall prove that losses on the base of financial statement covering a sufficient period of time unfortunately jurisprudence did not tell us what or how long is a patient number of time okay [Music] for a long period

now what about the case of ineffectual dismissal in effectual dismissal happens if there is cause for the dismissal whether just or authorize but the employer did not observe due process or violated the employee's right to due process reinstatement

yes no separation pay but the employer must pay nominal damages how much is nominal damages it depends on the court if you would read the case of a Gabon versus llrc there was just cause abandonment but the employer gave just one notice

notice of termination to the employees okay now there was just cause but there was just one notice in violation of the two notices requirement the court awarded 30 000 nominal damages in the case of Jacob versus Paco it was based on authorized costs

but employer violated the right to Due Process notice requirement the court awarded 50 000 because the employee is not at full take Olsen take note also of the concept of constructive dismissal it happens when the continued employment is

rendered impossible unreasonable or unlikely as an author involving the motion violation on right against diminution of benefits it is called dismissal in disguise constructive dismissal occurs when the employee ceases to report for work but when the unwarranted acts are

committed to the end that the employees continued employment shall become intolerable okay yeah in the case of Palco versus LBC sexual harassment employer employers oh employer Miss Palco resign after resigning she filed the case for sexual harassment against the supervisor

at the same time filed a case of illegal dismissal there was no illegal dismissal because you resigned an employee is considered constructively dismissed if he or she was sexually harassed and there's employer failed to act on his or her complaint with prom and

sensitivity is a case of constructive dismissal therefore illegal dismissal and not resignation however when strong words from the employer happen without palpable reason and express only for the purpose of degrading employers okay now unemployment may also be terminated

please do not terminate the employee I want my students yesterday do not terminate the employee terminate the employment because if you terminate the employee I will in jurisdictions labor are better as it is a case of murder or homicide us

uh based on the circumstances no so you terminate the employment now an employee who is sick may be dismissed based on article 299 but according to the court the employee suffers from a disease which cannot be cured within six months

and the continued employment is prohibited by law or detrimental or prejudicial to the health of the employee or the co-workers within six months despite medication and letter B there must be certification to that effect coming from a competent public health

authority so material young certification that is also contained in an earlier ruling based on the implementing rules of book six okay and take note an employee who is dismissed based on disease is entitled to separation pay the amount of which is

equivalent or the same as the separation pay for this missile based on reprenchment or closure meaning one month salary or one half month salary for every year of service whichever is higher okay article 300.

putting the employee on a floating status that should not exceed six months according to article 301. in 2020 the Secretary of Labor issue Department order 215.

so allowing the extension of floating status for another six months is that extension valid the Supreme Court said no the practice of placing Securities establishment Supply but that should not exceed six months why according to the Supreme Court

through Justice leonen a security guards floating status shall be tantamount to constructive dismissal okay because if we allow the Secretary of Labor to extend that we are allowing the Secretary of Labor to amend below Department order 215.

it did not even refer to article 301 because it would be referring to article 301 technical because the Secretary of Labor cannot amend the labor code only Congress can do that okay now let us summarize if there is just or

authorized cause for the dismissal there is due process the dismissal is legal if the dismissal is legal there is no reinstatement no back way just nothing okay legally now if there is no cause the employer did not observe your

process the dismissal is illegal based on article 111 of the labor code that should not exceed 10 of the wages recovered there is no cause but the employer observed your process what happens to the dismissal still illegal the presence or observance of due

process cannot cure the defect of lack of costs now there is cause but the problem was the employer did not observe your process or the right to Due Process was violated the dismissal is neither legal nor illegal it is ineffectual

wages but the employer must pay nominal damages because according to the Supreme Court that is to avoid the practice of dismiss now and pay later okay if the dismissal is illegal legally procedure but let me just tell this to

you article 234 as amended by Republic act 10396 mandatory reconciliation okay so with interpretation based on Department order 107 series of 2010 within 30 days with or without jurisdiction young agency mandatory conciliation therefore based on this rule no labor cases can be

dismissed if the only ground for dismissal is jurisdiction or lack of it well and good Indianapolis within 30 days the hearing officer should refer it to the agency who has jurisdiction so let us take a look at this

assuming it was illegal dismissal the labor Arbiter under article 224 the time the case is submitted for resolution for ofws this would be shorter because that's 90 days from the piling of the complaints okay now okay reconciliation and then the decision of the labor

Arbiter is not subject to motion for reconsideration now you do not file emotion for reconsideration from the decision of the labor Arbiter what do you do you appeal to the nlrc within 10 calendar days from receipt of the

judgment natalu parents nlrc you file a motion for reconsideration to the nlrc within 10 calendar days again from receipt of the judgment okay now Natalia of course you should know uh the requirements for the Perfection of an appeal

dependency if the appellant is the employer he has to post ban equivalent to the amount of monetary award exclusive of damage as an attorney space now dismissed you go to the court of appeals you file a petition for surgery and the

rule 65 you have 60 calendar days to do that now we all know particularly um that when you file a petition for surgery under room 65 it will not stop the running of the period what do we mean by that

um pending appeal that is allowed by the rules of the nlrc and supported by jurisprudence you ask for an injunction from the court of appeals following the procedure under rule 58.

convince the Appellate Court that there will be great irreparable injury that the party may suffer if an injunction is not issued because entry of judgment notice of Entry of judgment I'm a proper execution execution pending appeal is allowed even

by jurisprudence you go to the Supreme Court you file an appeal and it is an ordinary appeal rule 45 petition for review on surgery take note you only have 15 calendar days to do that and on pure questions or below because the

Supreme Court is not a trial of facts okay foreign by giving a notice at least 30 calendar days or one month in advance 60 days and the other day asking nephew the piloto 180 days airline industry policy oh

it should be one month not 180 days as required by that airline company okay now the employee May dispense with the giving of notice if there is serious insult according to the Supreme Court employer um sensitive um next

a new man an unbearable treatment of a crime as in the case of Palco versus LBC why sexual harassment is a crime and this is one of the first cases where the Supreme Court affirm and applied legally the same species of Republic Act uh

eleven three one three yeah because of the same spaces up and then other courses analogous to the program in for dinner voluntarily after 10 years am I entitled to separation pay the general rule is no voluntary resignation does not deserve payment of any

separation pay exception to that rule is if there is an employment contract excuse me providing for payment of Separation pay when the employee resides or it is a CBA policy or it is a company practice okay now take note

that in resignation illegal dismissal cases when the employer raises the defense of resignation the burden to establish the voluntariness of sense resignation rest on the employer the employer must prove that there was no compulsion in the employee when he or she resides

as early as 1997 resignation once accepted may not be withdrawn without the consent of the employer and foreign [Music] [Music] huh under article 302 as amended by Republic act 7641 the retirement payload the the employee May retire at the age

of 60 to 65 provided he has served at least five years in the establishment the law did not say whether it is continuous or broken now I know an entitlement yeah one half month salary for every Europe service a

production of at least six months is considered one whole year and according to the law enfor I 15 days plus 112 over the 13th month of the 13th month pay plus five day service incentive service incentive under article 95.

okay therefore in the case of capital Wireless versus Confessor that is equivalent to 22.5 days salary for every year of service take note this is one time payment okay in the absence of a retirement plan is super Manufacturing Incorporated

22.5 days 22.5 you can say 1 over 12. that is equivalent to 2.5 days bucket and 2.5 that is based on the actual computation of the 13th man pay and the presidential decree 8x1 as amended the salary for 12 months so 12 divided

by 12. okay salary to 1 over 12. and that is equivalent to one man so one month if not designated by its name Article 13 on civil code pretty sure to be containing how many days 30 days so 30 divided by 12 will give you 2.5

yeah 2.5 days so total 22.5 one-time payment based on Enrique security versus I based on the latest salary before the employee retires 22.5 days for every year of service employer because the employee is not required to pay for his retirement

in the case of aninion versus gsis retirement laws are liberally construed in favor of the retiree beneficiary not in favor of the employer okay so retirement age however for underground surface miners 50 to 60.

okay of course you have to understand retirement is foreign entitlement and remember retirement plan must be fair in the latest case of alleghenya versus Philippine Airlines January 10 2023 considering the Constitutional guarantee of protection to laborator Philippine Airlines

flight attendance at the age of 60. female flight attendants at the age of 55.

collective bargaining agreement attendance and the Supreme Court said that is invalid the retirement age must be 60 to 65.

65 is mandatory and you cannot discriminate between women and men employees okay and retirement must be voluntary they're requiring their employees to retire at the age of 60.

take note required the the problem is according to the court that is not allowed compulsory retirement is equivalent to Illegal dismissal why if the employee thinks that he can earn more by working rather than retiring at the age of 60 he or she

cannot be compelled to retire at the age of 60. retirement at the age of 60 is yes the employee who wants to retire at the age of 60 must do it voluntarily otherwise University okay now and contributory retirement plan

contributes a retirement plan an employee however at the time of retirement the contributions made by the employee as in the case of Santa Catalina college versus nlrc must be deducted first before you compute the 22.5 days for every year of service

because the employee as I said earlier is not required to pay for his retirement here is the obligation of the employer now are we entitled to retirement part-time faculty members the answer is yes according to De La Salle Araneta

University versus Bernardo because the retirement paid low not particularly Republican 76 41 did not distinguish as to the kind of employees who are entitled to retirement pay but that does not give the employer the excuse not to give retirement

compensation to part-time workers okay and finally in book Seven Independence for a short period and then we'll continue okay article 291 which is now article 306 provides for prescription all money claims enumerated in your screen areola versus Filipinos all money

claims prescribed in three years according to article 306 in that case of protective maximum security and that includes money claims of seafarers but the provision does not include money claims based on illegal dismissal because as a consequence of illegal dismissal you

have blockages and damages and these are money claims but these are not covered by the three-year prescriptive period why an action for illegal dismissal according to the Supreme Court in that case of Gallego versus typing it is a complaint for injury to rights

what right is injured in illegal dismissal Victory liner versus that is an injury to your property rights okay therefore it is covered by article 11 46 of the civil code and not by article 306 of the labor code

but they are incidental to the main cause of action which is illegal dismissal therefore the prescription period for illegal dismissal including these kinds of money claims incidental to Legal dismissal is for years based on 11 46 of the civil code okay now that

was also the ruling of the coil in that case of protective maximum security versus Fuentes prescription period for illegal dismissal therefore is four years according to this old case calienta versus carnation the prescription period for manic for service incentively under Article 2

article 95 of your labor code is three years the the start of the prescription period is at the time the employee demanded for the payment of this kind of money claim example the service incentively of this employee was not paid in 2018.

foreign starts only this time 2023 when the employee demanded for that compensation okay so all money claims prescribed in three years not four years and not 10 years in that case of laureano versus Court of Appeals ten years 11 46 4 years

money claims based on employer employee relationship arising out of employer employee relationship the prescription period is three years we follow the special particularly article 306 of the labor code okay and that right to unionize is both a constitutional and statutory right no

and then another article 3 section 8 of your Constitution I did not read that to you now when anyone employer or employee or Union or anybody interferes with that right of the employees called unfair Labor practice okay but according to the court the

definition under article 219 does not give us anything but a mere reputation of the same term defined by this code I am a repetition of the same time College new so I the Union Officers or members that interferes with the right of the

employee to join or not to join a union no matter how unfair if it has nothing to do with the right to unionize do not call it unfair level practice okay now unfair labor practices are violative with the constitutional right of the

workers to self-organize Adamson University case but we look at the totality test to determine whether or not it is really unpaired Labor practice when a union officer is dismissed general rule is the worst kind union busting but my thoughts are with you thank you

for attending this seminars okay so when you dismiss a union officer general rule yes but according to Justice leonen in this case of Adamson University Union officer is not necessarily discriminatory especially when that Union officer committed an act

of misconduct why in fact Union Officers are held to a higher standards they were leader okay oh my employers um Okay so okay again now what about a run away shop so in one statement but in another state

but in our country minimum wage because the minimum wage in every region is dictated by the regional wage board in another location Union activities State regular ly let's say for example Manila is operations practice what about blue sky

Flex as I used to joke with my students you know Blue Sky bargaining is demanding too much they were unreasonable proposal if you look at the sky and it is summertime it's blue it's very high but if there are clouds that is not high

okay so blue sky bargaining let's say for example in during negotiations 570. gustomo One Thousand Seven employer no I'll give you an increase of 10 pesos take it or leave it um that is a take it or live it stand

this is the best and last offer I could give you take it or leave it all right now during bargaining another unfairly more practice iron surface bargaining they go through the motion of bargaining without the intention of really entering into an agreement what

is the product of good collective bargaining and does it be a good CBA you're right surface bargaining is going through the motion because okay what about feather bedding that's also another form of unfavorable practice that is committed by the Union against

the employer is not to be performed or requiring the employer to hire more workers that's better birding okay but if work is performed no matter how trivial you cannot consider that feather bedding anymore foreign foreign at the expense of the employer

under article 260 paragraph e um Billy oh man is Sweetheart's contract it will not improve it will not improve the life of the employees okay Arrangements under article 267 a bargaining unit is a group of employees let us do away with this technicality a

bargaining unit is a department and I'm not giving this to you in a school setting graduated commit we should be represented by a union non-teaching Personnel academics office or they should be represented unit is a department and the union representing the

bargaining unit is the bargaining representative election oh it's a Philippines regional office if it is more than one region you go to the Bureau of Labor Relations as required by article 240 of your labor code labor organization it has the personality to participate in

certification election if it won in the certification election it can bargain with the employer representing the bargaining unit s official elections Union X is a regional office division Department Union is he prohibited from establishing a union of his own no for as long as he

can comply with the requirements of article 240k important yeah but for lack of time that's the mistake of many law students entering a law school classroom without knowing anything wrong you are committing suicide why contrary to your college classroom

professors at law school when you enroll in our class our presumption is that you know we do not give you lectures we ask you questions a foreign relationship anything you want to hold me just don't call me baby unless you mean it okay so

um certification election you file a petition science original office foreign now how do you win in a certification election by getting the double majority vote all right double majority is first majority the majority of all the members of the bargaining unit must vote

teachers okay [Music] at least 51. why 51 50 plus one okay because we cannot compel them election because less than the majority voted what is the effect of Declaration of failure of election then anyone May file another petition for

certification election within six months from the Declaration of failure of election okay now where do we get the second majorities of first majority yeah where is the second majority the union who got the majority vote of those who voted

shall win in other words for example nothing there were 100 employees in the bargaining unit there were uh at least 51. no so that's the first majority a distributes a b and c oh yeah and distribution because no Union is always a choice

whether in a certification or consent election why the right to join a union includes the right not to join a union 51.

nobody won there is no winner why majority what is the majority of 51 26 is there a union who got 26 votes there is none therefore there is no winner okay there will be a run of election okay but

the question in 2006 bar exam can I know Union win in a certification or consent election yes if it got the double majority votes occurs when there is a certification or consent election with at least three or more choices

what is the third choice no Union no Union is always a choice in a certification or consent election the highest number of votes in the certification election in our example will have another between unions A and B because they were

the Union so Gardner the highest number of votes wrong why no Union is no longer a choice a nice run of Elections Union and if you look at the total number of those who voted for a union that is more

than 50 percent of all the votes therefore between the two unions who Garner the highest number of foods certification or consent election which Union uh do you want to have a union which Union of Elections which Union do you want indicated

they cannot just wait up their mind make up their mind which Union they prefer certification or constant election yes they can because we want to have the majority remember the union who would win must have the majority vote of all

the members of the bargaining unit otherwise okay now department order 40 That's 1-15 introduce the concept of rerun election and certification consent or even run of election results uh another election rerun election to determine who would win okay that's a

New Concept under department or deported as well as 15 section 16. you can download that from Google no okay um certified exclusive bargaining agent that's very wrong okay certification election because the winner shall be certified as exclusive bargaining agents about with AC

is soul and exclusive oh Hallelujah [Music] so what is a collective bargaining agreement it is a contract between the employer and the bargaining Union okay Union representative Contracting Union everywhere okay so a CBA should contain all the terms and conditions of employment

including mechanism for resolution of grievances which if you have time we'll discuss that okay so the CBA must be published because the way publication is by posting in at least two conspicuous places in the premises of the employer

places this would be the places where people would normally congregate Department order 40-03 2003.

five days before the scheduled ratification if you do not post your CBA that is a fatal defect because you violated the right of the members of the bargaining unit to information they were not informed what is in the CBA and the

posting or publication of the civilian according to the Supreme Court is the responsibility of the employer okay now during ratification all the members of the bargaining unit must vote in our example earlier there were 100 employees in the marketing unit

to ratify the contents of the CBA or the CBA itself you need majority vote again 51.

50 is a bargaining table saw that those objected Provisions subjected by the employees will be renegotiated now if it is ratified by the employees in the bargaining unit it should be registered to the Bureau of Labor Relations Division and regional office delegated

function yeah okay if the CBA is not registered it is still valid and binding between the union and the employer but you cannot invoke the operation of the contract per rule provided under article 238 of your labor code what is

that that if there is a valid CPA valid meaning it is registered with the uh remember okay between the employer and the Contracting Union but it will not bind another Union petition for certification election election the contract referring to the CBA will

bear any petition for certification election for five years The Only Exception is during the freedom period the freedom period is the 60 days before the end of the five years take note under article 264 and 265 lifetime one new representation issue that is the

maximum five years period on the third year you can renegotiate only the economic benefits why the economic benefits alone after three years now is it mandatory it's not if the union does not want to renegotiate so be here

automatic renewable so when is that freedom period the freedom period is the 60 days before the end of the five years to unlock on freedom period okay in your screen there's that example of the freedom period expiration June 9 20 25

that would be 60 days before June 9 20 25. okay now what about the automatic renewal Plus when the CBA expires and there is no news all the terms and conditions will be renewed until New CBA is concluded

between the union and the employer in some books that is called Evergreen close why Evergreen questions so for example like experience um May 15 2023 1.

wrong then that all CPA will continue to be enforced until a new one is concluded it is different from automatic retro action the automatic retro action clause provides or pertains to the economic provisions that any provision or economic benefit concluded

by the union and the employer within six months from expiration shall retroact to the day after its expiration June 9 2018. assuming it was the three-year period okay we're renegotiated they can have provisions and we were able to secure a

24 20 pesos daily wage increase we concluded it within six months June 9 to November 9 2018 Yen po I six months five months so when is the effectivity of the 20 day at 28 20 pesos per day salary increase

that would be June 10 2018. the day after expiration all right Leon what if after six months foreign award will take effect on the day set by the voluntary arbitrator okay if you do not agree with the decision of the voluntary arbitrator

appeal it to the court of appeals following article 276. okay why this interpretation of the CBA is a form of grievance under article 273. take note there are two possible sources of grievances in the workplace interpretation and implementation of the

CBA Provisions automatic retroactivity interpretation or enforcement of company personal policy is will be sources of grievances so what do we do with them we establish a grievance machinery in the CBA sometimes though they forgot or they can forget the inclusion of a

grievance machineries the employer and the union must create a grievance committee the implementing rules within 10 calendar days from the execution of the city all grievances must be submitted to the grievance machinery the grievance Machinery or the grievance

committee as the case may be within seven calendar days if they remain unresolved they have to be automatically forwarded to the voluntary arbitrators voluntary arbitrators Department of Labor Jason Boyd or even if not accredited by the ncmb he is elected by the parties to

act as their voluntary arbitrator whereas Meredith compulsory arbitrators these are mandated by law to resolve all issues in labor and their jurisdiction is provided for by law the regional director the Secretary of play board the blr the labor Arbiter the

nlrc these are compulsory arbitrators these are the ones chosen by the parties or accredited by the ncmb take note and ncmb's original provision and labor code because it was only created during the time of Korea Aquino secretive order

number 251 created this amending and all the executive order in the same year 1987.

okay now on CBA violations are called grievances exception young gross violation of the civil and on Gross violation of the CBA it shall mean playground and or malicious refusal to comply with economic provisions of the CBA they are no longer

considered under the jurisdiction of the voluntary arbitrators why they are considered unfair Labor practice so has jurisdiction over unfair level practice you go to article 224.

that's the labor arbitrary okay so take note simple violation of economic provisions a voluntary arbitrator gross violation of economic Provisions then you go to the labor arbiter hello the voluntary arbitrators also have jurisdiction over wage Distortion issues in organ establishments

under article 224. uh one two four I'm sorry 124 of your labor code the point is may agree however to submit other labor issues like and per label practice or an illegal dismissal to the voluntary arbitrator's jurisdiction but according

to the Supreme Court there is a need for an Express stipulation in the CBA that this part is the union and the employer agreed to submit to the jurisdiction of the voluntary arbitrator the issues like and parallel practice and illegal

dismissal in the absence of such Express speculation because these are Under the jurisdiction of the labor arbiter Okay so the voluntary arbitrators upon receipt of the Grievances which were unresolved after seven calendar days now under article 276 must

rule or issue a ruling or judgment or order within 20 calendar days of course that can be extended by agreement by the parties now the decision of the voluntary arbitrator's final and executory within 10 calendar days article 276.

the implementing rules prohibit us from filing a motion for reconsideration you go to the court of appeals motion for reconsideration is so that prohibition to file a motion for reconsideration from the decision of the voluntary arbitrator is now I think of

the past revealed because of this decision of the Supreme Court in guagua national college versus Court of Appeals that if you receive a decision from the voluntary arbitrator the 10-day period is the period in which you file a motion

for reconsideration after the motion is denied or whatever happens to your motion that's the time you go to the court of appeals using rule 43 and under section 4 you have foreign foreign Court clarified it you file a motion for

reconsideration first before you pile an appeal to the court of appeals using rule 43 and you have 15 calendar days under section 4 of that rule okay sentence the second paragraph voluntary arbitrators voluntary arbitrator code but please do

not use rule 65. you can only use rule 65 if there is no plane available Speedy adequate remedy under the ordinary course of law if you have an appeal utilize your appeal do not use rule 65 yes okay

all right but it is provided for under the law and nobody strive temporary stuff is support caused by the workers due to a labor dispute definition that's also the definition under article 2190.

adopted by the Supreme Court in many cases one is Biggs versus [Music] what about clock out the temporary refusal of the employer Naman took furnace work because of a labor dispute bucket lock out because so labor dispute all right what about

picketing or peaceful picketing is the right of the workers to peacefully much to and through Pluckers is there a need to have a strike is the exercise of your freedom of expression so it is governed by your public

assembly 880. now what are the requirements for a valid strike you must have a valid ground otherwise yeah okay what are the valid drugs for a strike widening bad luck and paid liberal practice and the worst form of

anti-level practice a union busting right now union busting is the dismissal of Union Officers but take note in that case of Adamson University that we have started earlier when the employer dismisses a union officer that's not that it does not mean

unfairly will practice immediately especially if there's a ground for the dismissal okay now grounds you notify the ncmp if your ground is foreign Labor practice now in case of union busting there's no need to notify the ncmb in the blr

under the new law ncmb new 1987 plan foreign okay cooling of period Hindi foreign huh solution is so during the calling of period the ncmb will facilitate the conduct of preventive mediation why preventive to prevent the strike or lock

out from happening okay so during the calling of period the solution is remember the requirements for a valid strike are also the requirements for a valid lockout accounting variation lab you notify the ncmb that you will conduct a strike boat

within 24 hours it does not matter when foreign yes all the requirements must be complied with this strictly otherwise that would be an illegal strike you now get the strike vote not only the majority but all the members of the Union

okay so notified and then I know on purpose notifications officers remember particularly if it is an economic strike economic deadlock no work no PayPal agents report the strike vote to the ncmb okay now yeah strike boat it reports ncmb

from the time you reported yours the result of the strike vote to the ncmb powwal magistrike we call it the seven days strike band what is the purpose of the strike ban the purpose is to give time to the ncmb

to determine whether or not the decision to conduct the strike as the vote of the majority verifying yeah as much as possible although it is allowed our loss miscarriage the conduct of this kind of concerted activities remember in the 1990s

Chrysler Motors Mitsubishi Japanese so well Productions foreign that's why although as I said I said Allowed by our laws we discourage all right now in the case of national Federation of sugar workers versus mandatory requirement you can get the strike vote and Report

the same to the ncmb during the cooling of period Butler's Philippines Cosmic Workers Union during the cooling of period you can get the strike both reported during the freedom period seven days foreign oh first day excluded last day included

and then strike boats notify the ncmb on June 19th of strike June 1. anyway s June 20 we got the strike vote reported we reported it June 21.

from June 21 to June 28th Union July 1 or July 2. the answer is no bucket in July 1.7 days and this requirements are mandatory why if you do not comply with any of these requirements that would render

your strike illegal and what are the consequences of an illegal strike of course the Union Officers may be dismissed after you process is the members of the Union who joined that illegal strike may not be dismissed at all unless they participated in the

commission of illegal activities what illegal activities may be committed they are all enumerated under article 279.

do not block the Ingress and aggress of the company is [Music] strikes Hospital but maintain a skeletal Force is maintain a skeletal Force dito now in an industry indispensable to national interests the Secretary of Labor may assume jurisdiction and decided

that is Assumption of jurisdiction assume remember the power to decide whether the strike is legal or not belongs to the labor Arbiter under article 224.

foreign after the denial of your motion for reconsideration so certified cases and lrc the commission will conduct hearings okay now that power can also be invoked by the president because if the secretary can assume jurisdiction more so than the president

jurisdiction now if the strike is already ongoing or if the lockout is already ongoing the Assumption of jurisdiction will have the effect of a return to work order even in the absence of a separate return to work order automatically

jurisdiction you return to work in case of blackout you reopen the gates and let the workers go back to their work otherwise the strike or the lockout will become illegal for defying the Assumption order okay take note of the

consequences of an illegal strike now even if you have complied with majority of the requirements and you forgot to uh to comply with one the strike will still be declared illegal guys okay now under article 284 and this was asked in

the 2015 boy exam up to what extent can aliens participate in Union activities general rule aliens are not allowed to participate in Union activities exception under article 284 if that alien is a valid working permit and in his country of origin Filipinos

are also granted the same right to unionize or the principle of reciprocity okay