Doctrines

Question 1

Tests to determine employer-employee relationship

Answer 1

(a) the selection and engagement of the employee
(b) the payment of wages
(c) the power of dismissal
(d) the employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished

The last is called the “control test,” the most important element.

Question 2

Resignation; requisites

Answer 2

(1) unconditional and
(2) with the intent to operate as such

written notice to employer (1 month in advance), otherwise liable for damages

Question 3

Abandonment; requisites

Answer 3

To prove abandonment, two elements must concur:

1. Failure to report for work or absence without valid or justifiable reason; and
2. A clear intention to sever the employer-employee relationship

Question 4

Preventive suspension; when proper

Answer 4

Preventive suspension is justified where the employee’s continued employment poses a serious and imminent threat to the life or property of the employer or of the employee’s co-workers.

Question 5

Jurisdiction of the Labor Arbiter

Answer 5

(1) Unfair Labor Practices
(2) Termination disputes
(3) If accompanied with a claim for reinstatement, those involving labor standards (wages, hours of work, rates of pay, etc.)
(4) Claims for damages arising from Er-Ee relations
(5) Cases arising from commission of prohibited activities during strikes and lockouts, including the question on its legality
(6) Claims exceeding 5,000 Php, except Employees Compensation, Social Security, Medicare and maternity benefits

Question 6

Grounds for appeal to NLRC of LA decision

Answer 6

(1) if there is prima facie evidence of abuse of discretion by LA
(2) if decision, award or order was obtained through fraud or coercion, including graft and corruption
(3) if made purely on questions of law
(4) if serious errors in the findings of facts pose/cause grave or irreparable damage or injury

Question 7

Jurisdiction of BLR

Answer 7

(1) inter-union disputes

(2) intra-union disputes

Question 8

Rights of LLO

Answer 8

1. represent members of the union
2. to be certified as the exclusive representative of all employees of the appropriate unit
3. request audited financial reports from Er
4. own property - real or personal
5. sue and be sued in its registered name
6. undertake activities that benefit organization and its members (e.g. housing, cooperative, etc.)

INCOME and PROPERTIES actually, directly, and exclusively used are EXEMPT from taxes, duties, assessments

Question 9

kinds of employees - may or may not join union?

Answer 9

MANAGERIAL - NOT allowed (confidential)
SUPERVISORY - allowed
RANK AND FILE - allowed

NOTE: supervisory and rank and file NOT ALLOWED to comingle; would not result to cancellation of union registration, but automatic removal of employee from list of members

Question 10

Purpose/s of Union or Organization

Answer 10

(1) Collective Bargaining

(2) Mutual aid and protection

Question 11

Procedure in collective bargaining

Answer 11

1. Serve WRITTEN NOTICE upon other party, with statement of proposal/s
2. REPLY by other party within 10 calendar days
3. Differences arise -> request for CONFERENCE not later than 10 calendar days
4. Still not settled -> NCMB shall intervene -> refer to VA

Question 12

Meaning of “duty to bargain”

Answer 12

• performance of MUTUAL OBLIGATION to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement
• neither party shall terminate nor modify the existing Collective Bargaining Agreement during its lifetime
• DOES NOT MEAN either arty is compelled to accept proposal nor to make concession

Question 13

lifetime of CBA

Answer 13

representation aspect: 5 years

others/economic aspect: 3 years

Question 14

Illegal strikes; when resulting to dismissal

Answer 14

In case of a UNION OFFICER: mere participation; also commission of unlawful acts

In case of a WORKER: commission of unlawful acts only

A worker participating in a LAWFUL strike cannot be terminated from employment

Question 15

Termination by Employer: JUST CAUSES

Answer 15

1. serious misconduct or willful disobedience
2. gross and habitual neglect of duties
3. fraud or willful breach of trust
4. commission of a crime/offense against Employer/ his immediate family
5. other analogous causes

Question 16

Termination by Employer: AUTHORIZED CAUSES

Answer 16

1. installation of labor-saving devices
2. redundancy
3. retrenchment to prevent losses
4. closing/cessation of operation
5. disease

• WRITTEN NOTICE to: workers and to DOLE, otherwise illegal

Question 17

Regular employees definition

Answer 17

• are those engaged to perform activities usually necessary or desirable in the usual trade or business of the employer
• those who have rendered at least one year in service, continuous or broken, with respect to the activity in which he is employed

Question 18

When non-lawyers may appear before the NLRC or any LA

Answer 18

(1) if they represent themselves; or

(2) if they represent their organization or members thereof.

Question 19

JUST Causes for resignation of employee

Answer 19

1. serious insult on the honor or person of the Employee
2. inhuman and unbearable treatment
3. commission of an offense against the Employee/any of his immediate family
4. other analogous causes

• NO need for written notice

Question 20

Prescription of -

Offenses
ULP cases
Money claims arising from Er-Ee relations

Answer 20

within 3 years

within 1 year from accrual of ULP

within 1 year from accrual of cause of action