Labor code Flashcards
What is a labor organization?
means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of` dealing with employers concerning terms and conditions of employment.
What is a CBA?
Contract executed upon request of either the employer or the Exclusive Bargaining Representative of the employees incorporating the agreement reached after negotiations.
What is a Legitimate Labor Organization?
means any labor organization duly registered with the DOLE, and includes any branch or local thereof
Chartered local?
refers to a labor organization that acquired legal personality through the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office in accordance with Rule III, Section 2-E of the Rules.
What is an independent union?
refers to a process where a labor organization absorbs another
What is a Confidential Employee?
Confidential Employees – a confidential employee is one who is entrusted with confidence on delicate matters, or with custody, handling, or care and protection of the employer’s property.
Government Employees Not Allowed To Unionize
- Members of the Armed Forces 2. PoliceOfficers/Policemen 3. Firemen 4. Jail Guards
Rights of union members
- POLITICAL RIGHT
a. right to vote
b. right to be voted for
What’s a Check-Off?
a method of deducting from an
employee’s pay at prescribed period, the amounts
due the union for fees, fines or assessments.
Deductions for union service fee are authorized
by law and do not require individual check-off
authorizations.
Who are the Parties to Collective Bargaining
- Employer
- Employees, represented by the exclusive
bargaining agent
What are the Jurisdictional Requirements
- Status of majority representation of the
employees’ representative. - Proof of majority representation
- Demand to bargain under art. 250 (a) (Kiok Loy
v. NLRC, 141 SCRA 179)
When is the Commencement of Bargaining?
During Certification Year – within 12 months after
the determination and certification of the
employees’ exclusive bargaining representative.