Compiled Labor Notes
1st meeting
Security of Tenure
In cases of regular employment, the employer shall
not terminate the services of an employee except for
just caused or when authorized by the LC.
An employee who is unjustly dismissed from work
shall be entitled to reinstatement without loss of
seniority rights and other privileges and to his full
back wages, inclusive of allowances, and to his other
benefits or their monetary equivalent computed from
the time his compensation was withheld from him up
to the time of his actual reinstatement. (Art 294 LC)
Classes of employees:
1. Casual
- They should not be hired for more than a
year, whether continuous or broken. (even
with leaves/ suspension without pay)
- Employee shall be hired for the activity alone
2. Probationary
- Term should not exceed 6 months from the
the date the employee started working,
unless it is covered by an apprenticeship
agreement stipulating a longer period.
- The services of an employee who has been
engaged on a probationary status may be
terminated for a just cause or when he fails
to qualify as a regular employee in
accordance with reasonable standards made
known by the employer to the employee at
the time of his engagement.
- Must be known from the first day. If not
made known, EE will be treated as a regular
employee from Day 1. (Different from
regularization of EE who are hired in excess
of 6 months)
- If you would continue to hire an EE after the
project or undertaking, that EE will only be
considered a regular EE after the expiration
of the period (after 6 months).
3. Project
- Employment has been fixed for specific
project or undertaking the completion or
termination of which has been determined
at the time of the engagement of the
employee.
- If you would continue to hire an EE after the
project or undertaking, that EE will only be
considered a regular EE after the expiration
of the period.
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- Where the project/undertaking/specific
duration is not specified in the contract, EE
will be considered a regular employee
immediately. Never a project EE.
4. Regular
- An employment shall be deemed regular
where the employees has been engaged to
perform activities which are usually
necessary or desirable in the usual business
or trade of the employer.
5. Seasonal
- employment is for the duration of the
season
Atty. Nolasco: Any breach in the conditions found in
each type of EE, the EE would be considered as a
regular EE.
Instances where the EMPLOYER may terminate
employer-employee relationship (Art. 297)
(SeGroCO)
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 the trust reposed in him by his employer
or duly authorized representative;
c) Commission of a crime or offense by the
employee against the person of his employer
or any immediate member of his family or
duly authorized representatives; and
d) Other analogous to the foregoing.
Instances where the EMPLOYEE may terminate
employer-employee relationship (Art. 300)
a) An Employee may terminate without just
cause the employer- employee relationship
by serving a written notice on the employer
at least one (1) month in advance. The
employer upon whom no such notice was
served may hold the employee liable for
damages.
b) An employee may put an end to the
relationship without serving any notice on
the employer for any of the following just
causes: (SICO)
1. Serious insult by the employer or his
representative on the honor and person
of the employee;

2. Inhuman and unbearable treatment
accorded the employee by the employer
or his representative;
3. Commission of a crime or offense by the
employer or his representative against
the person of the employee or any of
the immediate members of his family;
and
4. Other causes analogous to any of the
foregoing.
Standards on Just Causes – An employer may
terminate an employee for any of the ff grounds:
(SeWi-GF-LoCA)
A. Serious Misconduct – To be a valid ground for
termination, the following must be present:
a. There mus be misconduct
b. Must be of such grave and
aggravated character
c. It must relate to the performance of
the employee’s duties
d. There must be showing that the
employee becomes unfit to
continue working for the employer
B. Willful Disobedience
a. Must be disobedience or
insubordination
b. Must be wilfull or intentional,
characterized by a wrongful and
perverse attitude
c. Order violated must be reasonable,
lawful, and made known to the
employee
d. Must pertain to duties which he has
been engaged to discharge
C. Gross and Habitual Neglect of Duties
a. Neglect of Duty
b. Gross and Habitual in Character
D. Fraud and Willful Breach of Trust
a. Must be act, omission, or
concealment
b. Involves breach of legal duty, trust,
or confidence justly reposed
c. Commited against the employer or
his representative
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Compiled Labor Notes
d. Connection with employees’ work
E. Loss of Confidence
a. A,O,C(same as above)
b. It justifies the loss of trust by the
employer to the employee
c. Employee must be holding a
position of trust
d. It should not be used as subterfuge
for causes which are improper,
illegal, and unjustified
e. Must be genuine and not a mere
afterthought to justify an earlier
action taken in BF
F. Commission of a Crime or Offense
a. A,O,C (same as before) punishable
by prohibited law
b. Must be committed by the
employee against the person of
employer, any immediate member
of his/her family, or his/her duly
authorized representative
G. Analogous Causes
a. Act or Omission similar to those
specified just causes
b. Must be voluntary and/or willful on
the part of the Ee.
NOTE: NO ACT OR OMISSION SHALL BE CONSIDERED
AS ANALAGOUS CAUSES UNLESS EXPRESSLY
SPECIFIED IN THE COMPANY RULES AND
REGULATIONS OR POLICIES
Standards on Authorized Causes
(In-ReRe-CD)
NOTE: The requirement of due process shall be
complied with upon service of a written notice to the
employee and the appropriate Regional Office of the
DOLE at least 30days before the effectivity of the
termination, specifying the ground or grounds for
termination
A. Installation of Labor-Saving Devices
a. Introduction of Machinery,
Equipment or other devices
b. Must be in GF

c. Purpose of introduction must be
valid such as to save on
cost,enhance efficiency and other
justifiable economic reasons
d. No other option available to the
employer than the introduction of
such machinery
e. Must be fair and reasonable criteria
in selecting employees to be
terminated
B. Redundancy
a. Must be superfluous positions or
services of employees
b. The positions or services are in
excess of what is reasonable
demanded by the actual
requirements of the enterprise to
operate in an economical and
efficient manner
c. GF in abolishing position
d. Must be fair and reasonable criteria
in selecting employees to be
terminated
e. Adequate proof of redundancy such
as but not limited to the new
staffing pattern, feasibility studies
on the viability of the position, job
description, and the approval by
the management of the
restructuring
C. Retrenchment
a. Must be necessary and likely to
prevent business losses
b. The losses, if already incurred, are
not merely de minimis, but
substantial, serious, actual, and
real, or if only expected, are
reasonably imminent
c. The expected or actual losses must
be proved by sufficient and
convincing evidence
d. Retrenchment must be in GF for the
advancement of its interest and not
to defeat or circumvent the EE’s
right to security of tenure
e. Must be fair and reasonable criteria
in ascertaining who would be
dismissed and who would be
retained among the employees,
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Compiled Labor Notes
such as status, efficiency, seniority,
physical fitness, age, and financial
hardship for certain workers
D. Closure or Cessation of Operation
a. Must be a decision to close or cease
operation of the enterprise by the
management
b. Decision was made in GF
c. No other option available to the ER
except to close operations
E. Disease
a. Employee must be suffering from
any disease
b. Continued employment of the
employee is prohibited by law or
prejudicial to his/her health as well
as to the health of his/her co-
workers
c. Must be certification by a
competent public health authority
that the disease is incurable within
a period of 6 months even with
proper medical treatment
NOTE: For the first three reasons, First-In,
Last-Out rule shall apply, except when EE
volunteers to be terminated.
Termination of employment based on just causes
(DO No. 147-15)
The requirement of two written notices served on the
employee shall observe the following:
a.) The first written notice should contain:
1. The specific causes or grounds for
termination as provided for under Article
297 of the LC, and company policies, if any.
2. Detailed narration of the facts and
circumstances that will serve as basis for the
charge against the employee. A general
description of the charge will not suffice; and
3. A directive that the employee is given
opportunity to submit a written explanation
within a reasonable period.
“Reasonable period”- at least 5 calendar days from
the receipt of the notice to give the employee an

opportunity to study the accusation, consult or be
represented by a lawyer or union officer, gather data
and evidence, and decide on the defenses against the
complaint.
b.) After serving the first notice, the employer
should afford the employee ample
opportunity to be heard and to defend
himself/herself with the assistance of
his/her representative if he/she desires, as
provided in Article 299 (b) of the LC.
“Ample opportunity to be heard”- any
meaningful opportunity (verbal or written) given
to the employee to answer the charges against
him/her and submit evidence in support of
his/her defense, whether in a hearing,
conference or some other fair, just and
reasonable way.
Termination of employment based on authorized
causes
The requirements of due process shall be deemed
complied with upon service of a written notice to the
employee and the appropriate Regional Office of the
DOLE at least 30 days before the effectivity of the
termination specifying the ground or grounds for
termination.
Causes of termination under the CBA
An employee may also be terminated based on the
grounds provided under the CBA.
Other causes of Termination
a.) The employer may also terminate an
employee based on reasonable and lawful
grounds specified under its company
policies.
b.) An employee found positive for use of
dangerous drugs shall be dealt with
administratively which shall be a ground for
suspension or termination.
- An employee shall not be terminated from
work based on actual, perceived or
suspected HIV status.
- An employee shall not be terminated on the
basis of actual, perceived or suspected
Hepatitis B status.
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Compiled Labor Notes
- An employee who has or had Tuberculosis
shall not be discriminated against. He/she
shall be entitled to work for as long as they
are certified by the company’s accredited
health provider as medically fit and shall be
restored to work as soon as his/her illness is
controlled.
- Sexual harassment is considered a serious
misconduct. It is reprehensible enough but
more so when in inflicted by those with
moral ascendancy over their victim.
Payment of Separation Pay
Separation pay shall be paid by the employer to an
employee terminated due to installation of labor-
saving devices, redundancy, retrenchment, closure or
cessation of operations not due to serious business
losses or financial reverses and diseases.
An employee terminated due to installation of labor
saving devices or redundancy
- Separation pay equivalent to at least 1
month pay or at least 1 month pay for every
year of service, whichever is higher, a
fraction of 6 months service is considered as
1 whole year.
An employee terminated due retrenchment
- Separation pay equivalent to 1 month pay or
atleast ½ month pay for every year of
service, whichever is higher, a fraction of 6
months service is considered as 1 whole
year.
An employee terminated due to closure or cessation
of business operations not due to serious business
losses
- Separation pay equivalent to 1 month pay or
at least ½ pay for every year of service,
whichever is higher, a fraction of 6 months
service is considered as 1 whole year.
- Where closure is due to serious business
losses or financial reverses, no separation
pay is required.
An employee terminated due to disease
- Separation pay equivalent to at least 2
month salary or ½ month salary for every

year of service, whichever is higher, a
fraction of 6 months service is considered 1
whole year.
Right to Self- Organization
It is the policy of the State to promote the free and
responsible exercise of the right to self- organization
through the establishment of a simplified mechanism
for the speedy registration of labor unions and
workers’ association, determination of
representation status and resolution of inter/intra-
union and other related labor disputes.
Only legitimate or registered labor unions shall have
the right to represent their members for collective
bargaining for other purposes.
Workers’ association shall have the right to represent
their members for purposes other than collective
bargaining.
Bargaining Unit
Group of employees sharing mutual interest w/n a
given employer unit, comprised of all or less that of all
the entire body of employees in the employer unit or
any specific occupational or geographical grouping
w/n such employer unit.
Bargaining Agent
A legitimate labor union organization duly recognized
or certified as the bargaining representative or agent
of all the employees in a bargaining unit.
Labor Union/Organization
Any union/association of employees in the private
sector which exists in whole or in part for the purpose
of collective bargaining, mutual aid, interest,
cooperation, protection or other lawful purposes.
Legitimate Labor Organization
Any labor organization in the private sector registered
or reported with the Department (DOLE) in
accordance with the rules
Collective Bargaining Agreement
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Compiled Labor Notes
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.
Hanging question: Purpose of creating labor union
Workers association
– no CBA; no employer-employee relationship
(Intermittent workers)
Formation of labor union
1) Set a conference (commonality of interest)
2) Elect officers; draft constitution and by laws
3) If independent labor unions, 20 % (List of
members shall be submitted to DOLE)
How will you organize a labor union?
1. Identification of the bargaining unit
2. Organization of the labor union
3. Register the labor union
Summary of Procedure involved in Labor Relations
1.) Bargaining Unit
2.) Creation of Labor Union
3.) Labor Union/Org to Legitimate Labor
Union/Org
4.) Choosing the bargaining agent
5.) Collective Bargaining
6.) Collective Bargaining Agreement (CBA)
If there is disagreement:
7.) Grievance machinery (if provided for in the
CBA)
8.) Peaceful concerted activities
2nd meeting
Retirement (Art. 302 LC)
An employee may be retired upon reaching the
retirement age established in the collective
bargaining agreement or other applicable
employment contract.

In case of retirement, the employee shall be entitled
to receive such retirement benefits as he may have
earned under existing laws and any collective
bargaining agreement and other agreements:
Provided, however, That an employee’s retirement
benefits under any CB and other agreements shall not
be less than those provided herein.
Existing Agreement bet. Er and Ee v. Labor Code
- EA shall prevail if it grants greater benefits to
an employee
22.5 days- equivalent pay/year of service
Optional Retirement- 60 yrs
Compulsory Retirement- 65 yrs
GR: 5 years minimum years of service for you to
acquire retirement benefits
XPN: If there is an existing retirement plan
Retirement pay: equivalent to at least ½ month
salarary for every year of service, a fraction of at least
6 months being considered 1 whole year.
- Unless the parties provide for broader
inclusions, the term ½ month salary shall
mean 15 day plus 1/12 of the 13th month pay
and the cash equivalent of not more thank 5
days of service incentive leaves.
Underground mining employee
- 50-60 yrs, atleast 5 years of service as
underground mine worker may retire and
shall be entitled to all retirement benefits
Retail, service and agricultural and retail
establishments or operations
Employing not more than 10 employees or workers
are exempted from the coverage of Art 302 of LC.
Nothing in Article 302 shall deprive any employee of
benefits to which he may be entitled under existing
laws or company policies or practices.
NOLASCO: Bargaining Unit and Labor Union
difference
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Compiled Labor Notes
Requirements for Registration (Art.240 of LC)
(50-OM-1-4)
Any applicant labor organization, association or group
of unions or workers shall acquire legal personality
and shall be entitled to the rights and privileges
granted by law to legitimate labor organizations upon
issuance of the certificate of registration based on the
following requirements.
a) Fifty pesos (P50.00) registration fee;
b) The names of its officers, their addresses,
the principal address of the labor
organization, the minutes of the
organizational meetings and the list of the
workers who participated in such meetings;
c) The names of all its members comprising at
least twenty percent (20%) of all the
employees in the bargaining unit where it
seeks to operate; (As amended by Executive
Order No. 111, December 24, 1986)
d) If the applicant union has been in existence
for one or more years, copies of its annual
financial reports; and
e) Four (4) copies of the constitution and by-
laws of the applicant union, minutes of its
adoption or ratification, and the list of the
members who participated in it.
Rights of a Legitimate Labor Organization ( R- C-Af-
O-S-U)
a) To act as representative of its members for
purposes of CB
b) To be certified as the exclusive
representative of all the employees in an
appropriate bargaining unit for the purposes
of CB
c) To be furnished by the employer, upon
written request, with its annual audited
financial statements within 30 days from the
date of receipt of the request, after the
union has been duly recognized by the
employer.

d) To own property, real or personal, for the
use and benefit of the LO and its members.
e) To sue and be sued in its registered name
f) To undertake all other activities designed to
benefit the organization and its members,
including cooperatives, housing, welfare and
other projects not contrary to law.
The income and property of a LLO (grants, gifts,
donations etc.) – free from taxes
Reportorial Requirements (Article 252 of LC)
(COAM)
The following are documents required to be
submitted to the Bureau by the legitimate labor
organization concerned:
a) Its constitution, by laws or amendments
thereto, the minutes of ratification, and the
list of members who took part in the
ratification of the constitution and by-laws
within 30 days from adoption or ratification
of the constitution and by-laws or
amendments thereto;
b) Its list of officers, minutes of the election of
officers and list of voters within 30 days from
election;
c) Its annual financial report within 30 days
after the close of every fiscal year; and
d) Its list of members at least once a year or
whenever required by the Bureau.
Failure to comply with the above requirements shall
not be a ground for cancellation of union registration
but shall be subject the erring officers or members to
suspension, expulsion from membership, or any
appropriate penalty.
Rights and conditions to membership in a LO (Art.
250 of LC)
The following are the rights and conditions of
membership in a labor organization:
a. No arbitrary or excessive initiation fees shall
be required of the members of a legitimate
labor organization nor shall arbitrary,
excessive or oppressive fine and forfeiture
be imposed;
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Compiled Labor Notes
b. The members shall be entitled to full and
detailed reports from their officers and
representatives of all financial transactions
as provided for in the constitution and by-
laws of the organization;
c. The members shall directly elect their
officers, including those of the national
union or federation, to which they or their
union is affiliated, by secret ballot at
intervals of five (5) years. No qualification
requirements for candidacy to any position
shall be imposed other than membership in
good standing in subject labor organization.
The secretary or any other responsible union
officer shall furnish the Secretary of Labor
and Employment with a list of the newly-
elected officers, together with the
appointive officers or agents who are
entrusted with the handling of funds, within
thirty (30) calendar days after the election of
officers or from the occurrence of any
change in the list of officers of the labor
organization; (As amended by Section 16,
Republic Act No. 6715, March 21, 1989)
d. The members shall determine by secret
ballot, after due deliberation, any question
of major policy affecting the entire
membership of the organization, unless the
nature of the organization or force majeure
renders such secret ballot impractical, in
which case, the board of directors of the
organization may make the decision in
behalf of the general membership;
e. No labor organization shall knowingly admit
as members or continue in membership any
individual who belongs to a subversive
organization or who is engaged directly or
indirectly in any subversive activity;
f. No person who has been convicted of a
crime involving moral turpitude shall be
eligible for election as a union officer or for
appointment to any position in the union;
g. No officer, agent or member of a labor
organization shall collect any fees, dues, or
other contributions in its behalf or make any
disbursement of its money or funds unless
he is duly authorized pursuant to its

constitution and by-laws;
h. Every payment of fees, dues or other
contributions by a member shall be
evidenced by a receipt signed by the officer
or agent making the collection and entered
into the record of the organization to be kept
and maintained for the purpose;
i. The funds of the organization shall not be
applied for any purpose or object other than
those expressly provided by its constitution
and by-laws or those expressly authorized by
written resolution adopted by the majority
of the members at a general meeting duly
called for the purpose;
j. Every income or revenue of the organization
shall be evidenced by a record showing its
source, and every expenditure of its funds
shall be evidenced by a receipt from the
person to whom the payment is made, which
shall state the date, place and purpose of
such payment. Such record or receipt shall
form part of the financial records of the
organization.
Any action involving the funds of the
organization shall prescribe after three (3)
years from the date of submission of the
annual financial report to the Department of
Labor and Employment or from the date the
same should have been submitted as
required by law, whichever comes earlier:
Provided, That this provision shall apply only
to a legitimate labor organization which has
submitted the financial report requirements
under this Code: Provided, further, that
failure of any labor organization to comply
with the periodic financial reports required
by law and such rules and regulations
promulgated thereunder six (6) months after
the effectivity of this Act shall automatically
result in the cancellation of union
registration of such labor organization; (As
amended by Section 16, Republic Act No.
6715, March 21, 1989)
k. The officers of any labor organization shall
not be paid any compensation other than
the salaries and expenses due to their
positions as specifically provided for in its
constitution and by-laws, or in a written
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Compiled Labor Notes
resolution duly authorized by a majority of
all the members at a general membership
meeting duly called for the purpose. The
minutes of the meeting and the list of
participants and ballots cast shall be subject
to inspection by the Secretary of Labor or his
duly authorized representatives. Any
irregularities in the approval of the
resolutions shall be a ground for
impeachment or expulsion from the
organization;
l. The treasurer of any labor organization and
every officer thereof who is responsible for
the account of such organization or for the
collection, management, disbursement,
custody or control of the funds, moneys and
other properties of the organization, shall
render to the organization and to its
members a true and correct account of all
moneys received and paid by him since he
assumed office or since the last day on which
he rendered such account, and of all bonds,
securities and other properties of the
organization entrusted to his custody or
under his control. The rendering of such
account shall be made:
1. At least once a year within thirty
(30) days after the close of its fiscal
year;
2. At such other times as may be
required by a resolution of the
majority of the members of the
organization; and
3. Upon vacating his office.
The account shall be duly audited and
verified by affidavit and a copy thereof shall
be furnished the Secretary of Labor.
m. The books of accounts and other records of
the financial activities of any labor
organization shall be open to inspection by
any officer or member thereof during office
hours;

n. No special assessment or other
extraordinary fees may be levied upon the
members of a labor organization unless
authorized by a written resolution of a
majority of all the members in a general
membership meeting duly called for the
purpose. The secretary of the organization
shall record the minutes of the meeting
including the list of all members present, the
votes cast, the purpose of the special
assessment or fees and the recipient of such
assessment or fees. The record shall be
attested to by the president.
o. Other than for mandatory activities under
the Code, no special assessments, attorney’s
fees, negotiation fees or any other
extraordinary fees may be checked off from
any amount due to an employee without an
individual written authorization duly signed
by the employee. The authorization should
specifically state the amount, purpose and
beneficiary of the deduction; and
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.
For this purpose, registered labor organizations may
assess reasonable dues to finance labor relations
seminars and other labor education activities.
Any violation of the above rights and conditions of
membership shall be a ground for cancellation of
union registration or expulsion of officers from office,
whichever is appropriate. At least thirty percent
(30%) of the members of a union or any member or
members specially concerned may report such
violation to the Bureau. The Bureau shall have the
power to hear and decide any reported violation to
mete the appropriate penalty.
Criminal and civil liabilities arising from violations of
above rights and conditions of membership shall
continue to be under the jurisdiction of ordinary
courts.
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Compiled Labor Notes
Atty. Nolasco: Agency fees are can be deducted to
non - union members.
When will there be a valid deduction of agency fees?
- There must be a benefit on the part of non-
union members
- Only in an organized establishment
Requirements for a local chapter to acquire legal
personality
The chapter shall be entitled to all other rights and
privileges of a legitimate labor organization only upon
submission of the following documents:
a) The names of the chapter’s officers, their
addresses, and the principal office of the
chapter; and
b) The chapter’s constitution and by-laws;
Provided, That where the chapter’s
constitution and by-laws are the same as
that of the federation or the national union,
this fact shall be indicated accordingly.
Check off
- The method of deducting from an
employer’s pay, the amounts due to the
union for fees, fines or assessments.
- The express consent of employee (Written
authorization signed by Ee) is required
before a valid check off can be had.
- Failure of the union to comply with the
requirements set out by law invalidates the
questioned special assessment.
- Attorney’s fees cannot be deducted without
the employee’s written consent.
Requisites of a valid check off: (ARF)
1. There must be individual written
authorization from the employees
2. The purpose of the fees must be the one
provided in the Constitution or by-laws of
the union
3. When there is no such provision, there must
be a written resolution as approved by the
board of directors with ratification by
majority of members of the union.
 Compiled Labor Notes

minutes of the election of officers, and the

INDEPENDENT NATIONAL TRADE LOCAL list of voters;
UNION UNION/ UNIONS CHAPTERS
FEDERATION c.) Voluntary dissolution by the members. (2/3
A union not One with at Not Directly of members in a meeting duly called for that
affiliated with least 10 LLOs organizer created by purpose)
any national that are the for CB but a National
federation or exclusive merely for Union or a Employer for cancellation of certification Requisites
union. bargaining mutual aid federation. Note: Membership misrepresentation is a valid
representative and ground for cancellation
Given legal in the BU that protection. Upon Unorganized establishment for baragaining Agent
personality they represent issuance of Hanging question: When may an employer file a
upon issuance Itinerant, a charter petition for cancellation?
of a certificate ambulant, certificate - When requested to bargain collectively and
of registration. rural and by the union status is in doubt.
self National
Once issued by employed Union or Modes in determining Collective Bargaining Agent
a certificate by and those Federation.
the BLR, then who do Unorganized Organized
they are not have Atty. Establishment Establishment
recognized as definite Nolasco: (no existing CBA yet) (there is already a LLO
a LLO. They employers Distinguish and an existing CBA)
will then have IU from LC. 1. SEBA 1.Run-off
legal 2. Run-off 2.Re run
personality. 3. Re run 3.Certification Election
4. Certification 4.Consent Election
Election
5. Consent 1.
Election
Atty. Nolasco: Financial Transactions of the Labor
Union – percentage requirement ( 20% voted for it of SEBA Certification
the 20 %)
2/3 = magic number for major decisions - Only in unorganized establishment (only 1
LLO)
30 days- magic number for submission of reports (any
change of officers/amendment of by laws0 Requirements for request of SEBA certificate:

Grounds for cancellation of certification (Art. 246 of
LC)
The following may constitute grounds for cancellation
of union registration:
a.) Misrepresentation, false statement or fraud
in connection with the adoption or
ratification of the constitution and by-laws or
amendments thereto, the minutes of
ratification, and the list of members who
took part in the ratification;
b.) Misrepresentation, false statement or fraud
in connection with the election of officers,
1. Name & Address of the requesting LLO
2. Name & Address of company where it
operates
3. Bargaining unit sought to be represented
4. Approx. no. of employees in the BU
5. Statement of existence/non- existence of
other labor organization/CBA
Re-run election
Refers to an election conducted to break a tie
between contending unions, including between “no
union and one of the unions. It shall likewise refer to
an election conducted after a failure of election has

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been declared by the election officer and/or affirmed
by the med- arbiter.
Atty. Nolasco: When there will be a re-run, there will
be a notice, 5 days from election, and 10 days from
posting, you can now conduct the re-run. In failure of
election, there is a 6-month period.
Run-off election
An election between the labor unions receiving the
two highest number of votes in a certification or
consent election with 3 or more choices, where such
a certified or consent election results in none of the 3
or more choices receiving majority of votes for all
contending unions at least 50% of the number of
votes cast.
Consent Election
Agreed upon by the parties with or without the
intervention of DOLE.
Certification Election
- Process of determining the sole and
exclusive bargaining agent for purposes of
collective bargaining
- Not proper if there is no employer-employee
relationship
Requisites:
1. Filed within the freedom period
2. Verified petition
3. Written consent of at least 25% of all the
employees of the bargaining unit
Who may file:
1. Legitimate Labor Organization
2. Employer, when requested to bargain
collectively and union status is in doubt.
When to file:
GR: Anytime in the absence of CBA
EXC:
1. Certification Year Bar Rule
- Provides that no petition for a CE may be
filed within 1 year from the date of a valid
certification, consent, or run off election.
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Compiled Labor Notes
- The purpose of this bar is to give chance to
the union to conclude a CBA with the
employer within 1 year.
2. Contract bar Rule
- Existing CBA bars any other labor
organization from filing a petition for CE
except within 60 day period.
3. Bargaining deadlock rule
- Provides that a petition for CE can only be
entertained if there is no pending bargaining
deadlock submitted to conciliation or
arbitration or which has become the subject
of a valid notice os trike or lockout.
- The purpose is to ensure stability in the
relationship of the workers ad the
management.
Atty. Nolasco:
SEBA, Certification Election, Consent Election, Run
off and Re run
- Med Arbiter will determine if there is only
one LLO in the bargaining unit
- Med Arbiter may still validly issue SEBA
Certification if there are more than one LLO
(if they represent different bargaining
interest)
- e.g. Rank and file employees may have two
bargaining units (regular and night shift
employees)
Who may file a Petition for Certification Election?
1. if establishment is unorganized (an employer
may file a petition)
2. 1 LLO
Several different representation of BU
- there can still be a valid issuance of a SEBA
even if there is several bargaining units
representing the same interests
Certification election and Consent election
Twin Majority Rule
1. Majority of the members of the BU must
have voted
2. Majority of the valid votes cast

*Failure of elections result when one of the majories
is not met.
3rd meeting
*Tips for midterms: Memorize verbatim
Expect objective type of questions; only 2 situational
Requisites for Run-off election
1) 3 or more choices
2) No choice (“No union) receiving
majority of the valid votes cast
3) The total of the two highest unions
would be at least 50% of the
number of the voters cast
4) No objections or challenges which
if sustained, may substantially alter
the result.
5) There is a valid election (majority of
employees in BU voted)
Atty. Nolasco: The No union cannot be at
least 50% + 1 because there will be no way
that the two highest unions would total to at
least 50%. Clearly, the bargaining unit does
not want a union. There should be also no
failure of elections.
Problem: 100 employees, 51 employees who
voted
A- 15
B- 16
No union - 20
Answer: Run off is proper since the
requisites are present in this case. No union
garnered the highest number of votes, the
votes of the contending unions are more
than that required.
Twin Majority Rule (Certification Elections)
1) Majority of the total number of employees in the
bargaining unit should have participated in voting.
2) Majority of the valid votes cast
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Compiled Labor Notes
NOLASCO: There may be spoiled ballots and invalid
votes which must be segregated.
Q: How do you determine SEBA in an unorganized
establishment?
Modes in determining bargaining unit in an
organized establishment
1) Certification election
2) Run off
3) Re run
4) Consent Election
5) SEBA Certification
Atty. Nolasco: SEBA Certification may still be had if
there are more than one (1) LLO for as long as they
represent different interests (ex: regular and night
shift Rank and File)
Q: When may a med arbiter validly issue a SEBA
Certification in an organized establishment?
A: When there still remains only one LLO in an
organized establishment after the expiration of the
CBA.
Failure of Election
If less than the majority failed to cast their votes,
there is a failure of election.
Re-election may be had upon appeal of any of the
unions to be held within 6 months after the first
election.
Formation of CBA
Procedure in Collective Bargaining (Art. 261 of LC)
a) When a party desires to negotiate an
agreement, it shall serve a WRITTEN NOTICE
upon the other party with a statement of its
proposals. The other party shall make a
REPLY thereto not later than 10 calendar
days from receipt of such notice;
b) Should differences arise on the basis of such
notice and reply, either party may request
for a conference which shall begin not later
than 10 calendar days from the date of
request;
c) If the dispute is not settled, the Board shall
intervene upon request of either or both
parties or at its own initiative and

immediately call the parties to conciliation
meetings. The Board shall have the power to
issue subpoena requiring the attendance of
the parties to such meetings. It shall be the
duty of the parties to participate fully and
promptly in the conciliation meetings the
Board may call;
d) During the conciliation proceedings in the
Board, the parties are prohibited from doing
any act which may disrupt or impede the
early settlement of the disputes; and
e) The Board shall exert all efforts to settle
disputes amicable and encourage the parties
to submit their case to Voluntary Arbiter.
Duty to bargain collectively (Art 263 of LC)
The performance of a mutual obligation to meet and
convene promptly and expeditiously in good faith for
the purpose of negotiating an agreement with respect
to wages, hours of work, and all other terms and
conditions of employment including the proposals for
adjusting any grievances or questions arising under
such agreement and executing a contract
incorporating such agreements if requested by either
party but such duty does not compel any party to
agree to a proposal or to make any concession.
Automatic Renewal Clause
Parties shall observe the status quo and continue in
full force and effect, the existing CBA during the
freedom period and/or until a new agreement is
reached. The automatic renewal clause pertains only
to the economic provisions of the CBA; it does not
include the representational aspect (PICOP Resources
v. Taeca)
Hold-Over Principle
Despite the lapse of the formal effectively of the CBA,
it will continue to have forever and effect until a new
CBA shall have been validly executed (Meralco v.
Quisimbing)
Automatic Incorporation Clause
Existing laws form part of a valid CBA without need
for the parties to make reference to it.
Posting and Publication
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Compiled Labor Notes
In two conspicuous places within workplace for at
least 5 days prior to ratification. Posting is mandatory,
non compliance will render the CBA ineffective
(Association Trade Unions v. Trajano)
Retroactivity
- If the agreement within 6 months from the
expiration of the CBA- Day immediately
following expiry date of CBA
- If agreement was reached beyond 6 months-
date agreed by the parties
- During assumption of jurisdiction over a
labor dispute- date fixed by the Secretary of
Labor
Employer as Bystander Rule (Article 271)
In all cases, whether the petition for certification
election is filed by an employer or a legitimate labor
organization, the employer shall not be considered a
party thereto with a concomitant right to oppose a
petition for certification election.
The employer’s participation in such proceedings shall
be limited to:
1) Being notified or informed of
petitions of such nature;
2) Submitting the list of employees
during the pre- election conference
should the Med-Arbiter act
favorably on the petition.
Petition during Freedom Period
Art 264. Duty to bargain collectively when there
exists a CBA
When there is a collective bargaining agreement, the
duty to bargain collectively shall also mean that
neither party shall terminate nor modify such
agreement during its lifetime. However, either party
can serve a written notice to terminate or modify the
agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to
keep the status quo and to continue in full force and
effect the terms and conditions of the existing
agreement during the 60-day period and/or until a
new agreement is reached by the parties.
 Compiled Labor Notes

The purpose is to ensure stability in the relationships
of the workers and the management by preventing
frequent modifications of any CBA earlier entered
into by them in GF and for the stipulated original
period.
Contract Bar Rule
agreement during the 60-day period and/or until a
new agreement is reached by the parties.
Duty to bargain when there is no CBA
It is the mutual obligation of the employer and SEBA
to meet and convene.

Existing CBA bars any other labor organization from
filing a petition for CE except within 60 day freedom
period.
Instances where the contract bar rule will not apply?
A: if the CBA is void
Certification-year bar rule
Provides that no petition for a CE May be filed within
one year from the date of a valid certification,
consent, or run off election. Thus if an election had
been held but not one of the unions won, a PCE May
be filed again but only after 12 months. The same ban
shall apply even if “NO UNION” won in the previous
election. The purpose of this bar is to give a chance to
the union to conclude a CBA with the employer within
1 year.
Collective Bargaining
Collective bargaining is a process where the parties
agree to fix and administer terms and conditions of
employment which must not be below the minimum
standards fixed by law, and set a mechanism for
resolving their grievances.
Art. 218 - 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.
The purposes of the meeting and convening are:
(1) To negotiate an agreement on wages, hours of
work, and all other terms and conditions of
employment, including mandatory provisions for
grievances and arbitration machineries
(2) To execute a contract incorporating such
agreement
Kind of compliance
“prompt, expeditious, in good faith”
GR: Both parties must mutually observe the
terms in the CBA
Exception: If they agree to shorten the
period of CBA
Hold Over Principle – it May automatically
be renewed
Q: Until when may the old CBA recognize the
old CBA?
A: Retroactive effect (if such CBA is executed
by the parties within 6 months right after the
expiration)
After expiration of 6 months: will now fix as
to when the new CBA will take effect)

Duty to collectively bargain What are the strikeable grounds?

When there is a collective bargaining agreement, the 1. Union busting

duty to bargain collectively shall also mean that 2. Unfair Labor Practice
neither party shall terminate nor modify such 3. Bargaining Deadlock
agreement during its lifetime. However, either party
can serve a written notice to terminate or modify the
agreement at least sixty (60) days prior to its UNION UNFAIR BARGAINING
expiration date. It shall be the duty of both parties to BUSTING LABOR DEADLOCK
keep the status quo and to continue in full force and PRACTICE
effect the terms and conditions of the existing

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 Compiled Labor Notes

There is an ULP violates A situation - Secretary of Labor shall assume jurisdiction:

attempt on the the consti between the If there is imputed interest, and if there is an
part of the Er rights of the labor and the impending strike, it may assume as well as
to dismantle workers and management the President
the LU. employees to of the
self- company - Effect of assumption of jurisdiction:
organization. where there is Secretary will observe status Quo and
These are also failure in the dismissed employees shall be reinstated
criminal collective
offenses bargaining Duration of the CBA
against the negotiations
State. resulting in a a) 5 years -as to the term of the Bargaining
stalemate. Agent and Representation Aspect
No period 15 days 30 days
No votation Votation Votation b) 3 years - as to Economic Aspect and all other
needed needed needed provisions

Atty. Nolasco: First 3 years of CBA, Er and Ees are

Cooling-off Period
Observe cooling off period:
1. 30 days for Bargaining deadlock;
2. 15 days for Unfair Labor Practice;
- In case of union busting, where the existence
of the union is threatened, the cooling off
period shall not apply and the union may
take action immediately.
allowed to amend the provisions of the CBA. It will not
affect representation.
Note: New SEBA to implement existing CBA until
negotiations may be validly had
Q: P have agreed to a new CBA, not organized
If CBA has been signed today, will that also be
effective today:
A: NO. 30 days

Union Busting - A range of activities Duty to register- Not ministerial, discretionary

undertaken to disrupt or prevent the
formation of trade unions. Union busting Strike v. Picketing
tactics can refer to both legal and illegal
activities and can range anywhere from STRIKE PICKETING
subtle to violent. any temporary Picketing - The
stoppage of work purpose of pickets
by the concerted is said to be a
Q: Secretary of Labor may interrupt when? action of means of
employees as a peaceable
Employer: reduced offer result of an persuasion.
Employee: improved offer industrial or labor
dispute.
Next: Secret balloting voting A coercive Picketing involves
- If there will be agreement on the employees measure resorted merely the
will resume operations, will allow employees to by laborers to marching to and fro
to return to work enforce their at the premises of
demands. The idea the employer,
Q: Hospitals, Healthcare? behind a strike is usually
A: strikes should be avoided that a company accompanied by
engaged in a the display of

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profitable business placards and other
cannot afford to signs making
have its production known the facts
or activities involved in a labor
interrupted, much dispute.
less, paralyzed.
There is a stoppage Pickets are still
of work in strikes done after office
hours
Q: Requirements for Strike
Answer: Art. 278 of LC
1. It must be based on a valid and factual
ground;
2. A strike or lockout notice shall be filed with
the NCMB at least 15 days before the
intended date of the strike or lockout if the
issues raised are unfair labor practices, or at
least 30 days before the intended date
thereof if the issue involves bargaining
deadlock.
NOTE: The failure of the union to serve the
company a copy of the notice of strike is a
clear violation of Section 3, Rule XXII, Book V
of the Rules Implementing the LC. The
Constitutional precepts of due process
mandate that the other party be notified of
the adverse action of the opposing party
(Filipino Pipe and Foundry Corp. v. NLRC, G.R.
No. 115180, November 16, 1999).
3. In cases of dismissal from employment of
union officers duly elected in accordance with the
union constitution and by-laws, which may constitute
union-busting where the existence of the union is
threatened, the 15-day cooling-off period shall not
apply and the union may take action immediately
after the strike vote is conducted and the result
thereof submitted to the DOLE.
4. Notice of conduct of strike vote 24 hours
before the intended strike vote is filed with the DOLE
(compliance with the 24-hour prior notice rule).
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Compiled Labor Notes
5. A strike must be approved by a majority vote
of the members of the union and a lockout must be
approved by a majority vote of the members of the
Board of Directors of the Corporation or Association
or of the partners in a partnership, obtained by secret
ballot in a meeting called for that purpose.
6. A strike or lockout vote shall be reported to
the NCMB-DOLE Regional Branch at least 7 days
before the intended strike or lockout subject to the
cooling-off period.
7. In the event the result of the strike/lockout
ballot is filed within the cooling-off period, the 7-day
requirement shall be counted from the day following
the expiration of the cooling-off period (NSFW vs.
Ovejera, G.R. No. 59743, May 31, 1982).
8. The dispute must not be the subject of an
assumption of jurisdiction by the President or the SLE,
a certification for compulsory arbitration, or
submission to compulsory or voluntary arbitration or
a subject of a pending case involving the same
grounds for the strike or lockout.
NOTE: When, in his opinion, there exists a labor
dispute causing or likely to cause a strike or lockout in
an industry indispensable to the national interest, the
Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it or certify
the same to the Commission for compulsory
arbitration. Such assumption or certification shall
have the effect of automatically enjoining the
intended or impending strike or lockout as specified
in the assumption or certification order.
If one has already taken place at the time of
assumption or certification, all striking or locked out
employees shall immediately return-to-work and the
employer shall immediately resume operations and
readmit all workers under the same terms and
conditions prevailing before the strike or lockout.
Atty Nolasco:
Requirements for a valid strike or lockout
There should be a votation: Strike vote + Lockout vote
and a notice if strike or lockout respectively.
National Concern Principle (Art. 278 of LC)
 Compiled Labor Notes

Strikes and lockouts in hospitals, clinics and similar

medical institutions shall, to every extent possible, be
avoided, and all serious efforts, not only by labor and
management but government as well, be exhausted
to substantially minimize, if not prevent, their adverse
effects on such life and health, through the exercise,
however legitimate, by labor of its right to strike and
by management to lockout.

In labor disputes adversely affecting the continued

operation of such hospitals, clinics or medical
institutions, it shall be the duty of the striking union
or locking-out employer to provide and maintain an
effective skeletal workforce of medical and other
health personnel, whose movement and services shall
be unhampered and unrestricted, as are necessary to
insure the proper and adequate protection of the life
and health of its patients, most especially emergency
cases, for the duration of the strike or lockout.

In such cases, therefore, the Secretary of Labor and

Employment may immediately assume, within
twenty-four (24) hours from knowledge of the
occurrence of such a strike or lockout, jurisdiction
over the same or certify it to the Commission for
compulsory arbitration.

Q: is the employer allowed to get employees in

replacement to those employees who are in strike?
A: Employer may allow to replace employees
temporarily, but it should not be raised later on to
refuse the employer to return

EXTRA READ: DOLE – 40-H – Jurisdiction and

Authority if Secretary of Labor

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