Labor Law 2 - Midterms Flashcards
Art. II, Sec. 2
SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Art. II, Sec. 10
SECTION 10. The State shall promote social justice in all phases of national development.
Art. II, Sec. 18
SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Art. III, Sec. 8
SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Art. IX B, Sec. 2B
SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.
(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.
(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government employees.
(6) Temporary employees of the Government shall be given such protection as may be provided by law.
Art. XII, Sec. 12
SECTION 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.
Art XIII, Sec. 3
SECTION 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
Art XIII, Sec. 14
SECTION 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
Art. 3, Labor Code
ART. 3. Declaration of Basic Policy. - The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
Art. 218 [211], Labor Code
ART. 218. [211] Declaration of Policy. A. It is the policy of the State:
(a) To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor movement;
(d) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees;
(e) To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes;
(f) To ensure a stable but dynamic and just industrial peace;
(g) To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare.
B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code.
Art. 290. [275], Labor Code
Art. 290. [275] Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils. - (a) Tripartism in labor relations is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in decision and policy-making bodies of the government.
(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to time call a national, regional, or industrial tripartite conference of representatives of government, workers and employers, and other interest groups as the case may be, for the consideration and adoption of voluntary codes of principles designed to promote industrial peace based on social justice or to align labor movement relations with established priorities in economic and social development. In calling such conference, the Secretary of Labor and Employment may consult with accredited representatives of workers and employers.
(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by the Secretary of Labor and Employment, with twenty (20) representatives each from the labor and employers’ sectors to be designated by the President at regular intervals. For this purpose, a sectoral nomination, selection, and recall process shall be established by the DOLE in consultation with the sectors observing the ‘most representative’ organization criteria of ILO Convention No. 144.
Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be established with representatives from government, workers and employers to serve as a continuing forum for tripartite advisement and consultation in aid of streamlining the role of government, empowering workers’ and employers’ organizations, enhancing their respective rights, attaining industrial peace, and improving productivity.
The TIPCs shall have the following functions:
1) Monitor the full implementation and compliance of concerned sectors with the provisions of all tripartite instruments, including international conventions and declarations, codes of conduct, and social accords;
2) Participate in national, regional or industry-specific tripartite conferences which the President or the Secretary of Labor and Employment may call from time to time;
3) Review existing labor, economic and social policies and evaluate local and international developments affecting them;
4) Formulate, for submission to the President or to Congress, tripartite views, recommendations and proposals on labor, economic and social concerns, including the presentation of tripartite positions on relevant bills pending in Congress;
5) Advise the Secretary of Labor and Employment in the formulation or implementation of policies and legislation affecting labor and employment;
6) Serves as a communication channel and a mechanism for undertaking joint programs among government, workers, employers and their organizations toward enhancing labor-management relations; and
7) Adopt its own program of activities and rules, consistent with development objectives.
All TIPCs shall be an integral part of the organizational structure of the NTIPC.
The operations of all TIPCs shall be funded from the regular budget of the DOLE.
RA 809
Republic Act 809 is constitutional and is a police power measure for the promotion of labor conditions in sugar plantations. Hence, whatever rational degree of constraint it exerts on freedom of contract and existing contractual obligations is constitutionally permissible.
The said Act was concerned and enacted as a social legislation designed primarily to ameliorate the condition of the laborers in the sugar plantation.
The right of the employer to select or terminate his employees is subject to regulation by State. T or F.
True.
Notice of Dismissal
Required before a person can be lawfully dismissed
- Notice that contains the acts or omissions
- Notice that contains the decision itself
Separation Pay
Separation pay is only awarded when an employee is validly dismissed for causes other than serious misconduct or those non-reflective of moral character.
Industrial Peace Act
specifies that labor organizations, “designated or selected for the purpose of collective bargraining by the majority of employees in an appropriate collective bargaining unit, is the representative of all the employees in such unit for the purpose of collective bargaining.”
Republic Act 875
The provisions of Republic Act 875 should be liberally construed in favor of employees and strictly against the employer, unless otherwise intended by or patent from language of the statute itself.
Commisson
The National Labor Relations Commission or any of its divisions, as the case may be, as provided under this Code
Art. 219. [212] (a)
Bureauor Relations Divisions in the regional offices established under PD 1, in the Department of Labor.
Bureau of Labor Relations and/or the Labor Relations Divisions in the regional offices established under PD 1, in the Department of Labor
Art. 219. [212] (b)
Board
National Conciliation and Mediation Board established under EO No. 126
Art. 219. [212] (c)
Council
Tripartite Voluntary Arbitration Advisory Council established under EO No. 126, as amended
Art. 219. [212] (d)
Employer
Any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer
Art. 219. [212] (e)
Employee
Any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment
Art. 219. [212] (f)
Labor organization
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
Art. 219. [212] (g)
Legitimate labor organization
Any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof
Art. 219. [212] (h)
Company union
Any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code
Any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof
Art. 219. [212] (i)
Bargaining representative
A legitimate labor organization WON employed by the employer
Art. 219. [212] (j)
Labor dispute
Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee
Art. 219. [212] (l)
Managerial employees, Supervisory employees, Rank-and-file employees
Managerial employee: one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.
Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.
All employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this Book.
Art. 219. [212] (m)
Voluntary Arbitrator
Any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement, or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute
Art. 219. [212] (n)
Strike
Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute
Art. 219. [212] (o)
Lockout
Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute
Art. 219. [212] (p)
Internal union dispute
All disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code
Art. 219. [212] (q)
Strike-breaker
Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours, or conditions of work or in the exercise of the right of self-organization or collective bargaining
Art. 219. [212] (r)
Strike area
The establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment
Art. 219. [212] (s)
Affiliate
An independent union affiliated with a federation, national union or a chartered local which was subsequently granted independent registration but did not disaffiliate from its federation, reported to the Regional Office and the Bureau in accordance with Rule III, Sections 6 and 7 of these Rules.
BVRIS1 (a)
Appeal
The elevation by an aggrieved party to an agency vested with appellate authority of any decision, resolution or order disposing the principal issues of a case rendered by an agency vested with original jurisdiction, undertaken by filing a memorandum of appeal.
BVRIS1 (b)
Audit Examiner
An officer of the Bureau or Labor Relations Division of the Regional Office authorized to conduct an audit or examination of the books of accounts, including all funds, assets and other accountabilities of a legitimate labor organization and workers’ association.
BVRIS1 (c)
Bargaining Unit
A group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit.
BVRIS1 (d)
Board
The National Conciliation and Mediation Board established under Executive Order No. 126
BVRIS1 (e)
Bureau
Bureau of Labor Relations
BVRIS1 (f)
Cancellation Proceedings
Legal process leading to the revocation of the legitimate status of a union or workers’ association
BVRIS1 (g)
Certification Election or Consent Election
Process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. A certification election is ordered by the Department, while a consent election is voluntarily agreed upon by the parties, with or without the intervention by the Department.
BVRIS1 (h)
Chartered Local
A labor organization in the private sector operating at the enterprise level that acquired legal personality through registration with the Regional Office in accordance with Rule III, Section 2-E of these Rules
BVRIS1 (i)
Collective Bargaining Agreement or CBA
The contract between a legitimate labor union and the employer concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit
BVRIS1 (j)
Conciliator Mediator
An officer of the Board whose principal function is to assist in the settlement and disposition of labor-management disputes through conciliation and preventive mediation, including the promotion and encouragement of voluntary approaches to labor disputes prevention and settlement
BVRIS1 (k)
Consolidation
Creation or formation of a new union arising from the unification of two or more unions
BVRIS1 (l)
Deregistration of Agreement
Legal process leading to the revocation of CBA Registration
BVRIS1 (m)
Department
Department of Labor and Employment
BVRIS1 (n)
Election Officer
An officer of the Bureau and Labor Relations Division in the Regional Office authorized to conduct certification elections, election of union officers and other forms of elections and referenda in accordance with Rule XII, Sections 2-5 of this Rule
BVRIS1 (o)
Election Proceedings
Period during a certification election, consent or run-off election and election of union officers, starting from the opening to the closing of the polls, including the counting, tabulation and consolidation of votes, but excluding the period for the final determination of the challenged votes and the canvass thereof
BVRIS1 (p)
Eligible Voter
A voter belonging to the appropriate bargaining unit that is the subject of a petition for certification election
BVRIS1 (q)
Employee
Any person working for an employer. It includes one whose work has ceased in connection with any current labor dispute or because of any unfair labor practice and one who has been dismissed from work but the legality of the dismissal is being contested in a forum of appropriate jurisdiction
BVRIS1 (r)
Please read the rest na lang :’)
Under the law, an employee is entitled to reinstatement and to his full backwages when he is unjustly dismissed. T or F.
True.
And in cases where reinstatement is not possible or when dismissal is due to valid causes, separation pay may be granted. However, they are not entitled to these. An illegal strike which, more often than not, brings about unnecessary economic disruption and chaos in the workplace should not be countenanced by a relaxation of the sanctions prescribed by law.
Dispute Settlement Methodology
Art. [211] 218 (a)
It is the policy of the State to promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes
Unfair labor practice is committed when it is shown that the respondent employer, after having been served with a written bargaining proposal by the petitioning Union, did not even bother to submit an answer or reply to the said proposal. T or F.
True.
Art. [211] 218 (b), (c)
It is the policy of the State:
b) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development;
c) To foster the free and voluntary organization of a strong and united labor movement
Art. [211] 218 (d)
It is the policy of the State:
d) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees
Art. [241] 250 (p) Rights and Conditions of Membership in a Labor Organization
The following are the rights and conditions of membership in a labor organization:
p) It shall be the duty of any labor organization and its officers to inform its members on the provisions of its constitution and by-laws, collective bargaining agreement, the prevailing labor relations system and all their rights and obligations under existing labor laws
Art. [277] 292 (a) Miscellaneous Provision
All unions are authorized to collect reasonable membership fees, union dues, assessments and fines and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings.
