ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
UPDATED
2018 BAR EXAMS
s e l b o R n a
a
Professor of Law, Bar Reviewer, Book Author & Legal Practitioner
a B s e l b o R n a h C
What are the important labor-related constitutional principles?
NOTE: NOTE:
a B s e l b o R n s a e h l C b o R n a h C
NOTE: NOTE:
REASON: [See discussion below].
NOTE: NOTE:
NOTE: “FREEDOM OF ASSOCIATION.” NOTE:
www.chanroblesbar. www.chan roblesbar.com com : www.chan www.chanroblesbar. roblesbar.com.ph com.ph
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
Prof. Joselito Guianan Chan CHAN ROBLES ONLINE BAR REVIEW www.chanroblesbar.com SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
NOTE: NOTE:
NOTE: NOTE:
a
s e l b o a R B n s a e l b o R n a h C
NOTE: NOTE: RESIGNATION RETURN-TO-WORK ORDER
THIS IS THE SECOND OF TWO PROTECTION-TO-LABOR CLAUSES: Section 3.
right to strike They shall also participate in policy and decisionmaking processes affecting their rights and benefits as may be provided by law. principle of shared responsibility NOTE: NOTE:
a
s e l b o R n a h C
Principle of Co-Determination Co-Determination Principle of Shared Responsibility
s e l b o R n a h C
Example: Does
the grant of the right of participation mean co-management of business or intrusion into management prerogatives?
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
Prof. Joselito Guianan Chan CHAN ROBLES ONLINE BAR REVIEW www.chanroblesbar.com SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
May
cases be filed based on violation of the foregoing constitutional provisions?
What
are the kinds of procedural p rocedural due process that may be asserted in labor cases?
a
s e l b o a R B n s a e l b o R n a h C
Agabon doctrine Agabon doctrine and Abbott Abbott Laboratories NOTE:
Agabon Agabon en banc addition addition statutory Agabon
a
When
can an employee invoke constitutional due process and right to equal protection of the laws?
s e l b o R n s a e h l C b o R n a h C
Is
right to counsel mandatory?
Lopez Companies
Lopez v. Alturas Group of
Is
HEARING before an employee may be dismissed mandatory?
Perez
Perez v. PT & T
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
Prof. Joselito Guianan Chan CHAN ROBLES ONLINE BAR REVIEW www.chanroblesbar.com SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
in writing
a
s e l b o R n a
Is Article 1700 of the Civil Code applicable to labor cases?
a B s e l b o R n a h C
Davao Integrated Port Stevedoring Services v. Abarquez, March 19, 1993.
How
is Article 1702 of the Civil Code correlated with Article 4 of the Labor Code?
Construction in Favor of Labor.
s e l b o R n a h C
a
What
are the distinctions between Labor Relations and Labor Standards?
s e l b o R n a h C
Labor standards law
“Labor relations law”
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. 5
Who may commit illegal recruitment?
a
s e b l o a R n s a e l b o R n a h C
What are illegal recruitment acts that can be committed by No. 1 above (NON-LICENSEE or NON-HOLDER OF AUTHORITY)? canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not.
What
are acts of illegal recruitment when committed by ANY PERSON, whether a NON- LICENSEE, NON-HOLDER OF AUTHORITY or even by a LICENSEE or HOLDER OF AUTHORITY?
a B s e b l o R B n s a e h l C b o R n a h C
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
Prof. Joselito Guianan Chan CHAN ROBLES ONLINE BAR REVIEW www.chanroblesbar.com SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
What
are the PROHIBITED ACTIVITIES in connection with recruitment for overseas employment?
s e l b o R n a
a
a
s e l b o R n a h C
What
is a “license” for overseas recruitment? “License” “License” What
is an “authority” for overseas employment? “Authority”
a B s e l b o R B n s a e h l C b o R n a h C What
are the elements of illegal recruitment?
What
are the 2 elements of simple illegal recruitment? “recruitment and placement” prohibited practices practices Can a recruiter be a natural or juridical person? What
are some relevant principles on illegal recruitment?
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
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“recruitment and placement” alibi
s e b l o R n a
a
a
s e b l o R n a h C When
is illegal recruitment considered a crime involving economic sabotage?
NOTE: THE NUMBER
3 MAKES THE DIFFERENCE:
3 OR MORE RECRUITERS = = SYNDICATE 3 OR MORE RECRUITEES LARGE SCALE
When
is illegal recruitment committed by a syndicate? carried out
a B s e l b o R B n s a e h C b l o
When
is illegal recruitment considered in large scale?
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malum prohibitum prohibitum malum in se se
Can
a person be charged and convicted separately for illegal recruitment and estafa involving one and the same act of recruitment?
s e b l o R n a
a
a
s e b l o R n a h C What
is the nature of the liability between local recruiter and its foreign principal? Is
the solidary liability of corporate officers with the recruitment agency “automatic” in character? What
are some relevant principles on the persons liable for illegal recruitment?
What
a B s e b l o R B n s a e h C b l o
is meant by this theory?
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Can
an OFW acquire regularity of employment? What
are some relevant principles? Indefinite Indefinite . It is for the mutual interest of both the seafarer and the employer why the employment status must be contractual only or for a certain period of time
s e b l o R n a
a
a
s e b l o R n a h C
What is the effect of hiring a seafarer for overseas employment but assigning him to local vessel? What
is the effect of non-deployment of OFW to overseas employment? “seafarers are considered contractual employees and cannot be be considered as regular employees under the Labor Code. Their employment is governed by the contracts they sign every time they are rehired and their employment is terminated when the contract expires. The exigencies of their work necessitate that they be employed on a contractual basis.. basis
a B s e b l o R B n s a e h C b l o
is the ? “Presumed-identity approach” “processual presumption” What
Is
due process under Philippine law applicable to termination of employment of OFWs? Is
the Agabon doctrine applicable to OFWs who are dismissed for cause but without due process? Agabon Agabon
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Serrano Serrano
a
s e b l o R n a
was the unconstitutionality of the above-underlined part of the provision cured cured by such replication or re-enactment re-enactment in the amendatory law?
a
en banc 2
s e l b o R n a h C What
are some principles in regard to monetary awards to OFWs?
2. 4.
Which/Who
has jurisdiction over an OFW’s claims for disability and death benefits?
Is
a B s e l b o R B n s a e h C b l o
the Labor Code’s concept of permanent total disability similar to that of OFWs? What
are the requisites for compensability of injury or illness of seafarers?
What
is direct hiring? “Direct Hiring”
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unconstitutional
Is
remittance of foreign exchange earnings by OFWs mandatory?
s e b l o R n a
a
What is an ALIEN EMPLOYMENT PERMIT (AEP)?
a
s e b l o R n a h C
Who are required to procure AEP?
What
are the categories of foreign nationals EXEMPTED from securing AEP?
a B s e b l o R B n s a e h C b l o
What are the categories of foreign nationals EXCLUDED from securing AEP?
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s e b l o R n a
a
What is the validity of an AEP? Exception: Exception:
s e b l o R n a h C
a
What are the distinctions between learnership and apprenticeship? Practical training. training. Training agreement. agreement. Occupation. Occupation. semi-skilled and other industrial occupations occupations apprenticeable occupations occupations Theoretical instructions. instructions. Ratio of theoretical instructions and on-the-job training
B a s
Competency-based system.
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EXCEPT Circumstances justifying hiring of trainees trainees
s e b l o R n a
a
Limitation on the number of trainees trainees
a
Option to employ. employ. obliged “option”
s e b l o R n a h C
Wage rate rate
Who are persons with disability (PWDs)? “Persons with Disability”
What is impairment? “Impairment”
What is disability? “Disability”
What is handicap? “Handicap”
B a s
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a
s e b l o R n a
s e b l o R n a h C
a
B a s
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a
s e b l o a R n s a e l b o R n a h C Who
are covered by the labor standards provisions of the Labor Code? Who
are excluded?
What are compensable hours worked?
B a s
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What
are the conditions for its validity?
How should compensation be made under a valid CWW?
a
s e b l o R n a
a
What are the effects of power interruptions/brownouts?
s e b l o R n a h C
What
is the rule on time-off for regular meal? Is
meal break compensable?
B a s
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plus 30% of the basic hourly rate which includes 50% additional compensation as provided in Article 93 [c] of the Labor Code Code plus 30% of 30% of the basic hourly rate which includes 100% 100% additional additional compensation as provided in Article 94 [b] of the Labor Code Code plus 30% 30% of of the basic hourly rate which includes 160% plus additional compensation.
a
What is the distinction between PREMIUM PAY and OVERTIME PAY? “Premium pay”
s e l b o R n a
“Overtime pay”
a
s e l b o R n a h C
What is built-in overtime pay?
What is emergency overtime work?
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. Where night shift (10 p.m. to 6 a.m.) work is o vertime work.
a
. For overtime work in the night shift.
s e l b o R n a
a
s e l b o R n a h C
What is the duration of weekly rest period?
Is the employer’s prerogative to determine the rest period of its employees subject to limitations?
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a
s e l b o a R n s a e l b o R n a h C
What are REGULAR and SPECIAL HOLIDAYS? HOLIDAYS?
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
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If the employee worked during a regular holiday that also falls on his/her rest day, If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, day,
a
If the employee did not work, work,
s e l b o R n a
If the employee worked, worked, If the employee worked in excess of eight hours (overtime work), work),
a
If the employee worked during a special day that also falls on his/her rest day, day,
s e l b o R n a h C
If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, day, For
private establishments, establishments, employees in private schools, whether academic or administrative personnel, personnel,
What are the effects of absences on the computation of holiday pay? Employees on leave of absence with pay -
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“supervised” “unsupervised”
supervised supervised unsupervised supervised
a
unsupervised pakyao takay pakyao takay
s e l b o R n a
a
Are seasonal workers entitled entitled to holiday pay?
s e l b o R n a h C
Are seafarers entitled to holiday pay?
What are important principles on holiday pay?
o o “Monthly-paid”
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What is meant by “basic salary” or “basic wage”? actually received
s e b l o R n a
a
What are the kinds of establishment covered by the law on service charge?
a
Who are the employees covered by this law?
s e b l o
Who are not covered?
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What are the attributes of wage? “Wage” “Fair and reasonable value”
a
s e b l o a R n a s e l b o
What is basic wage?
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What are supplements? “supplements”
What are the distinctions between facilities and supplements? supplement facility
s e b l o R n a
a
What is the rule on deductibility of facilities and supplements?
s e b l o
a
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(a)
a
(b) -
s e b l o a R n s a e b l o (c)
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a
s e b l o a R n s a e l b o
May employer deduct from wage of employees?
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a
s
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“Floor Wage Method,” “Salary-Ceili “Salary-Ceiling ng Method,”
What are the minimum wage rates of workers paid by results?
a
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“wage distortion,”
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s e b l o R n a
a
Who are covered employers?
s e b l o R n a h C
a
Who are compulsorily covered employees?
Are self-employed persons persons covered?
B a s e b l o R B n s a e h C b l o R n a h C
Who may be covered voluntarily?
i.e. i.e.
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What is the effective date of coverage?
a
s e b l o R n a
Who are excluded employers?
a
s e b l o R n a h C
Who are excluded employees? Provided, however, however, Provided, further, further, Provided, finally, finally, bona-fide
B a s e b l o R B n s a e h l C b o R n a h C
What are the classifications of benefits?
Who are primary beneficiaries? primary primary in the absence absence
Who are secondary beneficiaries? secondary primary primary
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Who are compulsorily required to become members of the GSIS?
s e b l o R n a
a
a
s e b l o R n a h C
What are the classes of membership in the GSIS?
B a s e b l o R B n s a e h C b l o R n a h C
When does membership become effective?
What is the effect of separation from the service?
Who are excluded from the compulsory coverage of the GSIS Law?
What are the kinds of benefits under the GSIS Law?
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Who are beneficiaries under the GSIS Law? Primary Secondary
Who are dependents under the GSIS Law?
s e b l o R n a
a
gainfully employed
s e b l o R n a h C
a
Gainful Occupation Occupation
What is limited portability scheme?
What is totalization? “totalization” What is portability? “portability”
How are benefits computed? benefits “Benefits”
B a s e b l o R B n s a e h C b l o R n a h C
When does totalization apply?
What is the effect if worker is not qualified after totalization?
What is the effect if worker qualifies for benefits in both Systems?
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What is the State Insurance Fund [SIF]?
a
s e b l o a R n s a e l b o R n a h C
What are the agencies involved in the implementation of the Employees Compensation Program (ECP)?
Who are covered by the ECP?
B a s e b l o R B n s a e h C b l o R n a h C
When is the start of coverage of employees under the ECP? first day
What are the benefits under the ECP?
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a
s e l b o R a n s a e l b o R n a h C
Who are eligible to join, form or assist a labor organization for purposes of collective bargaining?
Are front-line managers managers or supervisors eligible eligible to join, form or assist a labor organization? Do alien employees have the right to join a labor organization?
a B s e l b o R B n s a e h l C b o
Do members of cooperatives have the right to join, form or assist a labor organization?
What about employees of a cooperative?
What about members who are at the same time employees of the cooperative?
Can employees of job contractors join, form or assist a labor organization?
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
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Is COMMINGLING or MIXED MEMBERSHIP MEMBERSHIP of supervisors and rank-and-file union in one union allowed? Is it a ground to cancel its registration?
a
s e l b o R a n s a e l b o R n a h C
Are managerial employees allowed unionize?
Are confidential employees employees allowed to join, form or assist a labor organization? organization?
a B s e l b o R B n s a e h l C b o
What is the doctrine of necessary implication?
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a
What is the relationship of the union and its members?
s e l b o R n a
What is the relationship of the labor union and federation?
a
s e l b o R n a h C
“affiliate”
“affiliate”
a B s e l b o R B n s a e h l C b o
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a
s e l b o R n a
a
s e l b o R n a h C
“no strike, no lockout”
a B s e l b o R B n s a e h l C b o
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What are the four tests to determine appropriate bargaining unit?
a
s e l b o R a n a e s l b o R n a h C
San Miguel Corporation v. Laguesma, meager number of sales personnel in each of the Magnolia sales office in Northern Luzon Luzon ‘there is strength in number’
a B s e l b o R B n s a e h l C b o
San Miguel Corporation Supervisors and Exempt Employees Union v. Laguesma, University of the Philippines v. Ferrer-Calleja
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a s e l b o a R n s a e l b o R n a h C
A.K.A. What
is a SEBA?
“exclusive bargaining representative” “exclusive bargaining agent” Can
individual employee or group of employees bring grievable issues directly to their employer without the participation of the SEBA?
a B s
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“VOLUNTARY RECOGNITION”
a
Is voluntary recognition still a proper mode of selecting a SEBA?
s e l b o R n a
What could have been the reason for such repeal?
s e l b o R n a h C
a
What should the employer do if a request for recognition or a demand for CBA negotiation is made by a union which has not been certified as the SEBA?
What are the situations involved in this new mode of “REQUEST FOR SEBA CERTIFICATION”?
Rules Rules
a B s
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b. Action on the submission – when SEBA Certification Certification should be issued. Certification Certification SEBA Certification Certification c. Effect of certification.
a
Certification Certification
s e l b o R a n s a e l b o R n a h C
SECOND unorganized Rules Rules THIRD
fails fails Request
What is certification election? “Certification election”
Who may file a petition for certification election? independent union union national union federation federation local chapter
a B s
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a
s e l b o a R n s a e l b o R n a h C
a B s
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What are the requisites for the validity of the petition for certification election?
a
s e l b o a R n s a e l b o R n a h C
What are the two (2) kinds of majorities (DOUBLE MAJORITY RULE)? viz. viz.
majority of all eligible voters in the appropriate bargaining unit
What are some pertinent principles on certification election?
What is meant by “unorganized establishment”?
a B s
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What is a run-off election? “run-off election” When is it conducted? motu proprio proprio
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less than the majority of the number of eligible voters voters b. Effect of failure of election. certification certification consent election election re-run
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inter alia alia “re-run” Confederation of Citizens Labor Unions v. Noriel
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First, First,
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Secondly
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status quo quo
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“Collective Bargaining Agreement” “CBA”
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“grievance procedure” “grievance machinery”
s e l b o
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no legitimate labor organization exists exists
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interfere, interfere, restrain restrain coerce coerce whether the employer has engaged in conduct which may reasonably tend to interfere with the free exercise of the employees’ rights.
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“totality of conduct doctrine”
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
Prof. Joselito Guianan Chan CHAN ROBLES ONLINE BAR REVIEW www.chanroblesbar.com SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
quasi-judicial functions functions
a
s e b l o a R n s a e l b o R n a h C
“conciliation” “conciliation” “mediation” “mediation”
third party
binding
B a s e b l o R B n s a e h l C b o R n a h C more formal
Preventive mediation,” “preventive mediation case” request
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
2018 BAR EXAMS
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a
s e b l o R n a
a
s e l b o R n a h C
“authorized representatives”
original exclusive exclusive priv private ate recruitme recruitment nt and placement placement agencies agencies Ex-Officio Ex-Officio Department Order No. 83-07, Series of 2007. 1 2 3
4
5
6 7 8 9
10
B a s e b l o R B n s a e h C b l o R n a h C
G.R. No. 88210, Jan. 23, 1991, 193 SCRA 223. G.R. No. 119293, June 10, 2003. 2003. See Section 3, Rule I, Rules on the Disposition on of Labor Standards Cases in the Regional Offices Offices [Sept. 16, 1987]; Atilano v. De De la Cruz, G.R. No. 82488, Feb. 28, 1990, 182 SCRA 886; San Miguel Corporation v. The Hon. CA, G.R. No. 146775, Jan. 30, 2002. “Article 37. Visitorial Power. Power. - The Secretary of Labor or his duly authorized representatives representatives may, at any time, inspect the premises, premises, books of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.” (Referring to Tile I [Recruitment and Placement of Workers], Book I, Labor Code). Visitorial cases involve involve inspection of establishments establishments to determine compliance with labor standards; standards; while enforcement cases involve ve issuance of compliance orders and writs of execution. Article 128 is entitled tled “Visitorial torial and Enforcement Power.” Article 289 [274] is entitled “Visitorial Power.” Section 6 of Rule VI [Health and Safety Safety Cases] of the Rules on the Disposition Disposition of Labor Standards Standards Cases in the Regional Offices. Offices. As distinguished from recruitment recruitment and placement of workers for overseas employment which which falls under the jurisdiction of the Philippine Overseas Employment Administration stration (POEA). Section 8, Department Order No. 141-14, Series of 2014 (Revised Rules and Regulations Governing Recruitment and Placement for Local Employment), Nov. 20, 2014; See
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
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single-enterprise single-enterprise single-enterprise
a
s e b l o a R n s a e l b o R n a h C
inspection of establishments establishments issuance of compliance orders orders writs of execution execution
a B s e b l o R B n s a e h C b l o R n a h C
in cases where the employer-employee relationship still exists, exists,
1
2
3
4
5
6
7 8
Section 3, Rule II of the Med-Arbitration Rules states: “SEC. 3. Jurisdiction Jurisdiction of the Regional Director.- The Regional Director shall exercise exercise original and exclusive jurisdiction over application for union registration, registration , petitions for cancellation of union registration and complaints for examination of unions books of accounts. ” See also Section 1, Rule II, Rules of Procedure on Mediation-Arbitration. Mediation-Arbitration. See Article 243 [236] of the Labor Code which provides: “Art. 243 [236]. [236]. Denial of registration; registration; appeal. The decision of the Labor Relations Division Division in the regional office denying registration may be appealed by the applicant union to the Bureau within ten (10) days from receipt of notice thereof.” Referring to independent unions, local local chapters and workers’ associations, associations, as distinguished from federations, federations, national unions, industry industry unions, trade union centers and their local chapters/chartered chapters/char tered locals, affiliates and member organizations whose application for registration as well as denial or cancellat cancellation ion or revocation of registration is cognizable by the BLR Director in his original and exclusive jurisdiction [infra]. See Article 245 [238] of the Labor Code which provides: “Art. 245 [238]. Cancellation ation of registration; registration; appeal. The certificate of registration registration of any legitimate labor organization, organization, whether national or local, shall be cancelled by the Bureau if it has reason to believe, after due hearing, that the said labor organization no longer meets one or more of the requirements herein prescribed. prescribed.”” Section 3, Rule II of the Med-Arbitration tration Rules, supra; supra; See also Section 4, Rule XI, Book V of the Rules to to Implement the Labor Code, as amended amended by Department Order No. No. 40-F-03, Series of 2008 [October 30, 2008]. Section 5, Rule IV, Book V, Rules to Implement the Labor Code, as amended by Department Department Order No. 40-03, Series of 2003, [Feb. 17, 2003] and as further amended by Department Order No. 40-D-05, Series of 2005, Sept. 13, 2005. As distinguished from cases cases involving multi-empoyer multi-empoyer CBAs which fall under under the original jurisdiction jurisdiction of the BLR Director. Section 4 [formerly Section Section 5], Rule XI, Book V, Rules to Implement Implement the Labor Code, as amended amended by Department Order No. 40-03, Series Series of 2003, [Feb. 17, 2003], and as re-
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc. UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE
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except imminent danger to the health and safety of workers workers 24 hours hours
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EX-OFFICIO
Administrative Intervention for Dispute Avoidance DOLE Circular No. 1, Series of 2006
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a
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labor standards standards Visitorial power Enforcement power Appellate power
“VII. PROCEDURE AND JURISDICTION, E. DOLE Regional Directors, 1. Jurisdiction” Jurisdiction”
appellate appellate
B a s e b l o R B n s a e h C b l o R n a h C
prima facie facie
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See paragraph (g) of Article 278 278 [263], Labor Code. Code. Id. See paragraph (b) of Article 292 292 [277], Labor Code. Code.
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a s e l b o a R n s a e l b o R n a h C
First Second, Second, prima facie facie prima prima facie facie Third serious serious labor dispute dispute Fourth Fifth
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a
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via via
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(4)
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sine qua non non i.e. final i.e.
a s e l b o a R n s a e l b o R n a h C
Rules to Implement the Labor Code offense offense
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