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Labor

The document outlines key elements of Philippine labor law, including the employer-employee relationship, classes of employees, the right to self-organization, collective bargaining, strikes and lockouts, security of tenure, termination, dispute settlement, and labor standards. It discusses the relevant articles of the Labor Code and cases, and analyzes independent contractors, labor unions, bargaining units, certification elections, and grievance procedures.

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Vince Leido
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© © All Rights Reserved
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115 views

Labor

The document outlines key elements of Philippine labor law, including the employer-employee relationship, classes of employees, the right to self-organization, collective bargaining, strikes and lockouts, security of tenure, termination, dispute settlement, and labor standards. It discusses the relevant articles of the Labor Code and cases, and analyzes independent contractors, labor unions, bargaining units, certification elections, and grievance procedures.

Uploaded by

Vince Leido
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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1

LABOR LAW REVIEW


2nd Semester, SY 2007 2008
Atty. Marlon J. Manuel

EMPLOYER-EMPLOYEE RELATIONSHIP
A. Elements of Relationship
Labor Code: Article 97 (a), (b), (c), (e); 167 (f), (g); 212 (e) & (f)
Cases:
Abella v. PLDT, GR 159469, June 8, 2005
Caurdanetaan Piece Workers Union v. Laguesma (286 SCRA401)
Villamaria v. CA, (GR No. 165881, April 19, 2006)
AFP Mutual Benefit Association v. NLRC (267 SCRA 47)
Sonza v. ABS-CBN Broadcasting Corporation (June 10, 2004)
ABS-CBN Broadcasting Corp. v. Nazareno (GR 164156, Sept. 26, 2006)
Phil. Global Communications v. De Vera (GR 157214, June 7, 2005)
Chavez v. NLRC (GR 146530, January 17, 2005)
Almirez v. Infinite Loop Technology (GR No. 162401, January 31, 2006)
B. Independent Contractors and Labor-Only Contractors
Labor Code: Art. 106-109
Department Order No. 18, series of 2002
Cases:
Vinoya v. NLRC (GR 126586, February 2, 2000)
Lapanday v. CA (GR 112139, January 31, 2000)
San Miguel Corporation v. Aballa (GR 149011, June 28, 2005)
Manila Water Company v. Pea (GR 158255, July 8, 2004)
Rosewood Processing, Inc. v. NLRC (290 SCRA 408)
NFA v. Masada Security Agency (March 8, 2005)
Manila Electric Company v. Benamira (GR 145271, July 14, 2005)
Dole Phils. v. Esteva (GR No. 161115, November 30, 2006)
CLASSES OF EMPLOYEES
Labor Code: Arts. 278, 280-281
Omnibus Rules, Book VI, Secs. 5-6
Cases:
De Leon v. NLRC, 176 SCRA 615
Millares v. NLRC, July 29, 2002 and March 14, 2000
Philips Semiconductor v. Fadriquela, G.R. No. 141717, April 2004
Bernardo v. NLRC, July 12, 1999
Viernes v. NLRC & Benguet Electric, April 4, 2003
Alcira v. NLRC, June 9, 2004
Mitsubishi Motors v. Chrysler Phils. Labor Union, June 29, 2004

Ryan Jeremiah D. Quan / 4C 07-08

Benares v. Pancho, April 29, 2005


Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005
St. Marys University v. CA, March 8, 2005
Poseidon Fishing v. NLRC, February 20, 2006
PLDT v. Arceo, May 5, 2006
ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
RIGHT TO SELF-ORGANIZATION
A. Concept & Scope
Labor Code: Arts. 243, 246, 277 (c), 212 (e, f)
Omnibus Rules, Book V, Rule I-Rule II, as amended by D.O. 40, series of 2003
B. Labor Organizations and Registration of Unions
Labor Code: Arts. 212 (g, h), 231, 234-240, 242, 277 (a)
Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc), Rule III-V, XIV-XV, as
amended by D.O. 40-03, as further amended by D.O. 40-B
R.A. No. 9481, Sec. 1- 9
Cases:
Progressive Development Corp. v. Secretary, 205 SCRA 802
Protection Technology, Inc. v. Secretary, 242 SCRA 99
Pagpalain Haulers v. Trajano, 310 SCRA 354
Laguna Autoparts v. Office of the Secretary, April 29, 2005
C. Special Groups of Employees
Labor Code: Arts. 245, 212 (m)
R.A. No. 9481, Sec. 8-9
Omnibus Rules, Book V, Rule I, Sec. 1 (hh), (nn), (xx), as amended by D.O. 40
Cases:
Cathay Pacific Steel Corp. v. CA, August 30, 2006
Tagaytay Highlands v. Tagaytay Highlands Employees Union-PTGWO,
GR 142000, January 22, 2003
Atlas Litographic Services v. Laguesma, 205 SCRA 12
De La Salle University Medical Center v. Laguesma, 294 SCRA 141
Coastal Subic Bay Terminal v. DOLE, November 20, 2006
San Miguel Corp. Supervisors and Exempt Union v. Laguesma, 277 SCRA 370
NOTE: Compare the original provisions of the Labor Code with the amended provisions under R.A. No.
9481.

DUTY TO BARGAIN COLLECTIVELY


Labor Code: Arts. 250-254
Ryan Jeremiah D. Quan / 4C 07-08

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as amended by D.O. 40-03
Cases:
Kiok Loy v. NLRC, 141 SCRA 179
Standard Chartered Bank Employees Union v. Confesor, June 16, 2004
Manila Electric Co. v. Quisumbing, 302 SCRA 173 (January 27, 1999)
Manila Electric Co. v. Quisumbing, GR 127598, February 22 & August 1, 2000
General Milling Corporation v. CA, February 11, 2004
Capitol Medical Center v. Trajano, June 30, 2005
Standard Chartered Bank Employees Union v. Confesor, June 16, 2004
General Milling Corporation v. CA, February 11, 2004

BARGAINING UNIT
Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03
Case:
De La Salle v. De La Salle University Employees Association, 330 SCRA 363

CERTIFICATION ELECTION PROCEEDINGS


Labor Code: Arts. 255-259, 258-A (Note: Arts. 256 & 257 had been amended by R.A. 9481)
Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb), Rules VI-X, as amended by D.O. 40
Cases:
DHL Phils. United Rank and File Association v. Bukold ng Manggagawa ng
DHL Phils., GR 152094, July 22, 2004
St. James School of Quezon City v. Samahang Manggagawa sa St. James, GR 151326, November
23, 2005
Coastal Subic Bay Terminal v. DOLE, GR 157117, November 20, 2006
STRIKES, LOCKOUTS AND CONCERTED ACTIONS
Labor Code: Arts. 212 (o-s), 263-266, 254
Omnibus Rules, Book V, Rule XXII, as amended by D.O. 40-03, further amended by D.O. 40-A
Cases:
Bukluran ng Manggagawa sa Clothman Knitting v. CA, GR 158158, January 17, 2005
Biflex Phils. v. Filflex Industrial and Manufacturing Corp., GR 155679, December 19, 2006
Capitol Medical Center v. NLRC, GR 147080, April 26, 2005
FEU-NRMF v. FEU-NRMFEA-AFW, GR 168362, October 16, 2006
Philcom Employees Union v. Phil. Global Communications, GR 144315, July 17, 2006
Nissan Motors v. Secretary, GR 158190, June 21, 2006
Phil. Diamond Hotel v. Manila Diamond Hotel Employees Union,
GR 158075, June 30, 2006

Ryan Jeremiah D. Quan / 4C 07-08

SECURITY OF TENURE
Labor Code: Arts. 277 (b), 279, 282-287
Omnibus Rules, Book VI, Secs. 2, 5, 6, Book V, Rule XXIII
Cases:
Duncan Association of Detailman v. Glaxo Wellcome, September 17, 2004
Star Paper Corp. v. Simbol, G.R. No. 164774, April 12, 2006
Agabon v. NLRC, November 17, 2004
Jaka Food Processing v. Pacot, March 28, 2005
Industrial Timber v. Ababon, March 30, 2006
Equitable Banking v. Sadac, June 8, 2006
TERMINATION
1.
2.
3.
4.

Consequences of illegal dismissal


Dismissals with cause but without due process; Dismissals of Migrant Workers
Preventive suspension; Constructive Dismissal
Retirement; Resignation; Disease; Ban on marriage of co-employees and related policies

DISPUTE SETTLEMENT
1.
2.
3.
4.
5.
6.

Labor Arbiter; Jurisdiction; Procedure


National Labor Relations Commission; Jurisdiction; Procedure
Grievance Machinery; Voluntary Arbitration; Jurisdiction; Procedure
Regional Director; Jurisdiction; Procedure
Bureau of Labor Relations; Jurisdiction; Procedure
Injunction; Execution; Compromise Agreements; Prescription

LABOR STANDARDS
1.
2.

Working conditions (Hours of Work, Rest Day, etc.)


Wages, including 13th month pay

Ryan Jeremiah D. Quan / 4C 07-08

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