Professional Documents
Culture Documents
and Employers
Former Labor Arbiter, NCR-NLRC; Professor of Law and Pre-Bar Reviewer; President, The Center for Law
Advocacy and Specialized Studies (CLASS); former Assistant Secretary, DENR and POEA Director for
Licensing and Past President, National Association of Labor Arbiters (NALA), Inc.
BAR ITEM NO. 1
PROTECTION TO LABOR CLAUSE
v BASIC PRINCIPLES ON PROTECTION TO LABOR
v 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.
v The State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.
v Labor contracts are not ordinary contracts as the relation between capital and
labor is impressed with public interest.
BAR ITEM NO. 2
GENERAL PRINCIPLES
v 2.1. Art. 4 – Construction in Favor of Labor clause
v 2.2. Test of a Valid Rule of Regulation
v 2.3. ONAR/UP LAW CENTER should be furnished rules and regulation
issue
v 2.4. Substantive Law vs. IRR/Rules or Regulations
v 2.5. Labor Code applies to all workers, whether agricultural or non-
agricultural
BAR ITEM NO. 3
OVERSEAS EMPLOYMENT
v Illegal Recruitment; Kinds of and Penalties
v Marsaman and Skipper Cases abandoned by
Serrano vs. Gallant Maritime and SAMEER
v Venue of Illegal Recruitment Cases
v Solidary Liability
v Jurisprudence of Note
BAR ITEM NO. 5
WORKING CONDITIONS
v If accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
v Claims for actual, moral, exemplary and other forms of damages arising
from the employer-employee relations;
v Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts;
v Excepts claims for Employees Compensation, Social Security, Medicare and
maternity benefits, all other claims, arising from employer-employee relations,
including those of persons in domestic or household service, involving an
amount exceeding five thousand pesos (P5,000.00) regardless of whether
accompanied with a claim for reinstatement.
BAR ITEM NO. 9
ART. 223 ( now Art. 229 OF THE LABOR
CODE
Period to Appeal (10 Calendar Days)
v Grounds for Appeal (6)
v Posting of Bond is Mandatory (Cash or Surety)
v Property Bond allowed in Certain Cases
v Reinstatement Pending Appeal (Physical or Merely on Payroll at Employer’s
Option)
BAR ITEM NO. 10
JURISDICTION OF THE BLR; MED-
ARBITER AND NCMB
CANCELLATION OF UNION
REGISTRATION (GROUNDS)
v Where Filed? Where Appealed?
v Effects of Cancellation? (Itogon Suyoc Case)
v Effects of Final Cancellation
BAR ITEM NO. 14
v Public Sector Unionism (Art. 254, Labor Code and E.O. No. 180)
v Private Sector Unionism
v Iglesia ni Kristo Cases
v Electric Cooperative Cases
v The Non-Abridgment Clause (Art. 256, Labor Code)
BAR ITEM NO. 17
v Concepts
v Examples of Unfair Labor Practice
v Jurisprudence
BAR ITEM NO. 18
CERTIFICATION ELECTION
v Organized Establishment (Art. 268)
v Unorganized Establishment (Art. 269)
v Petition for Certification Election Filed by Employer (Art. 270 and 271)
v Run-Off vs. Re-Run Elections
BAR ITEM NO. 22
v
STRIKES AND LOCKOUTS
Requisites for a Valid Strike
v Art. 278 (c) and Art. 278(f)-Notice of Strike and Strike Vote Report are
Mandarory
v Capitol Medical Center vs. NLRC (2005)
v Legal Effects of an Illegal Strike
v May a Strike be the Subject of Injunction or TRO?
BAR ITEM NO. 25
VOLUNTARY ARBITRATION
v Nature of Office of the Voluntary Arbitrator
v Decision of Voluntary Arbitrator; Where Appealed
v Jurisprudence
BAR ITEM NO. 29
KINDS OF EMPLOYMENT
v Art. 295, Labor Code (Regular and Casual Employment) –Reasonable
Connection Test
v Probationary Employment (Art. 296)
v Fixed Period; Seasonal; Project Employees
BAR ITEM NO. 32
JUST CAUSES FOR DISMISSAL (ART. 282)
Art. 297. Termination by employer. – An employer may terminate an
employment for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud of willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family of his duly authorized
representative; and
(e) Other causes analogous to the foregoing.
BAR ITEM NO. 33
v Closure or Lay-off for Reason other than Serious business Losses; and
Disease
RETIREMENT
(ART. 302, LABOR CODE AND
REP. ACT NO. 7641)
v Jurisprudence
BAR ITEM NO. 36
v Piercing of the Veil of Corporate Entity (Sale or Transfer in Bad Faith)
BAR ITEM NO. 37
STRAINED RELATIONS
v Jurisprudence
BAR ITEM NO. 39
v Concept
v Jurisprudence
BAR ITEM NO. 41
v Benefits/Beneficiaries
BAR ITEM NO. 42
v Art. 250 (n) on Special Assessment of Attorney’s Fees and Negotiation
fees and Requisites
BAR ITEM NO. 46
v Jurisprudence
BAR ITEM NO. 48
v Jurisprudence
BAR ITEM NO. 50