01 BASIC CONCEPTS AND DOCTRINES Flashcards
What are the cardinal rights of workers?
CARDINAL RIGHTS OF WORKERS: CONST. Art. XIII Sec. 3:
OCCCTeWaPoP
self-Organization
Collective bargaining and negotiation
peaceful Concerted activities, including the right to strike
humane Conditions of work
security of Tenure
living Wage
Policy Participation
Abuse of rights provisions NCC
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Principle of shared responsibility
Our Constitution has recognized the principle of “shared responsibility” between employers and workers and has likewise recognized the right of workers to participate in “policy and decision-making process affecting their rights . . .” The latter provision was interpreted by the Constitutional Commissioners to mean participation in “management.”
Industrial peace cannot be achieved if the employees are denied their just participation in the discussion of matters affecting their rights. [Philippine Airlines vs NLRC 225 SCRA 301 (1993)]
Liberal interpretation in favor of labor
Labor measures should be strictly implemented to ensure that such constitutional mandate on protection to labor is not rendered meaningless by an erroneous interpretation of applicable laws.[Fuentes vs. NLRC, 266 SCRA 24, (1997)]
In carrying out and interpreting the Labor Code’s provisions and its implementing regulations, the workingman’s welfare should be the primordial and paramount consideration.[Fuentes vs. NLRC, 266 SCRA 24, (1997)]
Must techincal rules of procedure be followed to the letter?
General Rule: Yes
Exception: No (in the interest of substantial justice)
It is the spirit and intention of labor legislation that the NLRC and the labor arbiters shall use every reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, provided due process is duly observed. The application of technical rules of procedure in labor cases may be relaxed to serve the demands of substantial justice. [MERALCO v. Jan Carlo Gala; GRs 191288 & 191304 (2012)]
Definition of substantial evidence
Substantial evidence - such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. [Atienza vs. Saluta, 904 SCRA 340 (2019)].
How do we construe the application of employer’s policies and programs?
In the interpretation of an employer’s program providing for separation benefits, all doubts should be construed in favor of labor. After all, workers are the intended beneficiaries of such a program, and our Constitution mandates a clear bias in favor of the working class. [PNCC vs NLRC 277 SCRA 91 (1997)]
Rules on the burden of proof in labor cases
In illegal dismissal cases:
* The employer has the burden of proving, by substantial evidence, that the dismissal is for just cause. If the employer fails to discharge the burden of proof, the dismissal is deemed illegal. [Gurango vs Best Chemicals GR No. 174593, August 25, 2010].
* BUT Employee must first establish the fact of dismissal –> The employer’s burden of proof, however, presupposes that the employee had in fact been dismissed, with the burden to prove the fact of dismissal resting on the employee. Without any dismissal action on the part of the employer, valid or otherwise, no burden to prove just or authorized cause arises. [Watchman vs Lumahan GR No. 212096 October 14, 2015]
In money claims and labor standard cases:
* The employer has the burden of proving the payment of holiday pay, service incentive leave pay and other benefits.
* Even when the plaintiff alleges non-payment, still the general rule is that the burden rests on the defendant to prove payment, rather than on the plaintiff to prove non-payment.” [Pigcaulan v. Security and Credit Investigation, Inc.; GR 173648 (2012)]
Fact of employment:
* When the status of the employment is in dispute, the employer bears the burden to prove that the person whose service it pays for is an independent contractor rather than a regular employee with or without fixed terms. [Ditiangkin vs Lazada, GR No. 246892, Sept 21, 2022]
No work no pay principle
No work no pay principle:
* GENERAL RULE – If there is no work performed by the employee there can be no wage or pay unless the laborer was able, willing, and ready to work but was illegally locked out, suspended or dismissed, or otherwise illegally prevented from working. [Aklan Electric Cooperative vs NLRC 323 SCRA 258 (2000)].
* APPLIES TO PROJECT EMPLOYEES IN BETWEEN PROJECTS – Project or work pool employees who have gained the status of regular employees are subject to the “no work-no pay” principle. [Imbuido vs NLRC 329 SCRA 357 (2000)]. The cessation of construction activities at the end of every project is a foreseeable suspension of work. No compensation can be demanded from the employer because the stoppage of operations at the end of a project and before the start of a new one is regular and expected by both parties to the labor relations. Similar to the case of regular seasonal employees, the employment relation is not severed by merely being suspended.[Lao Construction vs NLRC 278 SCRA 716 (1997)].
* AS APPLIED TO COMPUTATION FOR BACKWAGES; WHEN THERE ARE DAYS OF NO WORK, SHOULD NOT BE INCLUDED IN COMPUTATION – Complying with the principles of “suspension of work’’ and “no work, no pay” between the end of one project and the start of a new one, in computing backwages, the amounts corresponding to what could have been earned during the periods from the date of dismissal until reinstatement when the employer was not undertaking any project should be deducted. [Imbuido vs NLRC 329 SCRA 357 (2000)].
Equal day for equal work principle
Equal day for equal work principle
Persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid similar salaries. If an employer accords employees the same position and rank, the presumption is that these employees perform equal work. This presumption is borne by logic and human experience. [International School vs Quisumbing 333 SCRA 13 (2000)]
Last in first out principle
Last in first out principle
The LIFO rule applies to termination of employment in the line of work. Verily, what is contemplated in the LIFO rule is that when there are two or more employees occupying the same position in the company affected by the retrenchment program, the last one employed will necessarily be the first to go. [Maya Farms Employees Organization vs NLRC 239 SCRA 508 (1994)]
Own words: The LIFO rule is not rigid. The employer may take into account the nature of work and the experience of the employees to determine who shall be retained and dismissed.
One Company - One Union principle
One Company - One Union principle
POLICY: The proliferation of unions in an employer unit is discouraged as a matter of policy unless there are compelling reasons which would deny a certain class of employees the right to self-organization for purposes of collective bargaining. Examples of compelling reasons are: (1) the denial to a group of the right to join the certified bargaining unit; or (2) substantial distinctions warranting the recognition of a separate group of rank and file workers. [Philtranco Services Enterprises vs BLR 174 SCRA 388 (1989)]
Differences as to the nature of their individual assignments are not enough to warrant the formation of separate unions. [Philtranco Services Enterprises vs BLR 174 SCRA 388 (1989)].
The persons desiring to form a separate union must also show that a separate bargaining unit would be beneficial to the employees concerned. [Philtranco Services Enterprises vs BLR 174 SCRA 388 (1989)].
Four fold test
Four fold test
- The elements to determine the existence of an employment relationship are: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer’s power to control the employee’s conduct. The most important element is the employer’s control of the employee’s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it. [Cesar Lirio (Celkor Ad Sonicmix) v. Wilmer Genovia; GR 169757 (2011)].
- The power of control refers merely to the existence of the power. It is not essential for the employer to actually supervise the performance of duties of the employee, as it is sufficient that the former has a right to wield the power. [Cesar Lirio (Celkor Ad Sonicmix) v. Wilmer Genovia; GR 169757 (2011)].
Definition of Management Prerogative
Management Prerogative
* Definition – the freedom of an employer to regulate, according to his own discretion and judgment, all aspects of employment.
Scope of management prerogative
A valid exercise of management prerogative is one which, among others, covers: work assignment, working methods, time, supervision of workers, transfer of employees, work supervision, and the discipline, dismissal and recall of workers. [De La Salle University vs De la Salle University Employees Association 330 SCRA 363 (2000)]
NOTE: jurisprudence does not indicate that this is exclusive
