Requirements for Employee to Resign The State affirms labor as a primary social

(?) economic force. It shall protect the rights of

workers and promote their welfare.
-Pass written notice 30 days before the
expected date of resignation Art. XII, Sec. 12
-Art 224 of LC: LA original jurisdiction for
The State shall promote the preferential use of
actual, moral, and exemplary form of damages
Filipino labor, domestic materials and locally
arising from EE-ER relationship produced goods, and adopt measures that help
Kasambahay make them competitive.

-Minimum Wage: 6,000 a month starting June Art. XIII, Sec. 3

2022
The State shall afford full protection to labor,
-RA 10361: there is no jurisdictional amount, local and overseas, organized and
any dispute must be under RD. unorganized, and promote full employment
-The LA must not dismiss even tho it is filed and equality of employment opportunities for
mistakenly to them, it must be referred to all.
mandatory conciliation through SEnA (within
It shall guarantee the rights of all workers to
30 days), if not settled bring the case to RD.
self-organization, collective bargaining and
Assuming there is a proposal for another negotiations, and peaceful concerted activities,
division, stationed in Davao, would that including the right to strike in accordance
be constitutional? Constitutional, it is not with law. They shall be entitled to security of
the constitution that created the NLRC. A tenure, humane conditions of work, and a
living wage. They shall also participate in policy
senator can file a bill to create a new division.
and decision-making processes affecting their
Claim for non-payment of maternity rights and benefits as may be provided by law.
benefit: Article 224 (?) to SSS
The State shall promote the principle of shared
responsibility between workers and
employers and the preferential use of
*LABOR RELATIONS
voluntary modes in settling disputes,
Labor Relations Laws are laws, rules and including conciliation, and shall enforce their
regulations which govern the relationship mutual compliance therewith to foster
between employees and their employers, industrial peace.
promote the right of the employers and their
The State shall regulate the relations between
employees to self-organization and collective
workers and employers, recognizing the right
bargaining, strikes, and picketing, penalize of labor to its just share in the fruits of
unfair labor practice, and provide modes for production and the right of enterprises to
settlement of labor disputes such as reasonable returns on investments, and to
conciliation, mediation, grievance machinery, expansion and growth.
voluntary arbitration, and compulsory
arbitration. (vs CBA in Labor Standards) Article XIII, Sec. 14

Constitutional Provision on Labor Law

Art. II Sec. 18
The State shall protect working women by Term of office? The Chairman, and the other
providing safe and healthful working Commissioners and the Labor Arbiters shall
conditions, taking into account their maternal hold office during good behavior until they
functions, and such facilities and opportunities reach the age of 65 years, unless sooner
that will enhance their welfare and enable them removed for cause as provided by law or
to realize their full potential in the service of become incapacitated to discharge the duties of
the nation.
their office. Provided, however, That the
President of the Republic of the Philippines
NLRC
may extend the services of the Commissioners
R.A. No. 9347- increase the number of and Labor Arbiters up to the maximum age of
COMMISSIONER seventy (7) years upon the recommendation of
the Commission en banc.
Composition of NLRC
*Are the appointments to the NLRC
Appointments to the NLRC
subject to the confirmation of the
*How many compose the NLRC? 24, each Commission on Appointments?
sector represented by 8 members.
*Calderon v. Carale
Does the NLRC sit en banc? Do they
The NLRC Chairman and Commissioners fall
deliberate with all 24 of them present?
within the second sentence of Section 16 of Art.
Yes, in case of emergency. There are 2
VII under the “third group” those whom the
instances when the NLRC would sit en banc:
President may be authorized by law to appoint.
(1) formulation of policies, rules and
regulations; and (2) recommendation of the Not subject to the confirmation of the
extension of the term of office of the members Commission on Appointments since it is not
or the labor arbiter. among the officers mentioned in Section 16,
Article VII of the 1987 Constitution.
*How many divisions are there? 8: 6 can
be found in QC; 1 in Cebu (for the cases in Section 16. The President shall nominate and,
Visayas); 1 in Cagayan De Oro (for the cases in with the consent of the Commission on
Mindanao). Appointments, appoint the heads of the
executive departments, ambassadors, other
*Qualification of the members:
public ministers and consuls, or officers of the
(1) engaged in the practice of law in the armed forces from the rank of colonel or naval
Philippines for at least 15 years; captain, and other officers whose appointments
are vested in him in this Constitution. He shall
(2) with at least 5 years experience or exposure also appoint all other officers of the
in the field of labor management relations; Government whose appointments are not
(3) preferably be residents of the region where otherwise provided for by law, and those whom
they shall hold office; he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of
(4) the Chairman, other Commissioners and other officers lower in rank in the President
the Labor Arbiters shall hold office during good alone, in the courts, or in the heads of
behavior until they reach the age of 65; and departments, agencies, commissions, or
(5) the President may extend the services of the boards.
Commissioners and the Labor Abriters up to Composition of every division? How
the maximum age of 70 years upon the many members for division? 3
recommendation of the Commission en banc.
(24 members / 8 divisions = 3 members per
division).
*Qualifications of arbiters: 4. Claims for actual, moral, exemplary, and
other forms of damages arising from the
(1) member of the Philippine Bar;
employer-employee relations;
(2) must have been in the practice of law in the 5. Cases arising from Art. 279 (prohibited
Philippines for at least 10 years; activities committed in the conduct of
strike or lockouts), including questions
(3) with at least 5 years experience or exposure involving the legality of strikes and
in the field of labor-management relations; lockouts; and
(4) Labor Arbiters shall hold office during good 6. Except claims for:
behavior until they reach the age of 65, unless a. Employee’s Compensation (work-
sooner removed for cause as provided by law or related accidents filed before SSS or
become incapacitated to discharge the duties of Employee’s Compensation
their office; and Commission);
b. Social Security (e.g. Calamity Loan-
(5) The President may extend the service of the filed before SSS or PhilHEALTH);
Commissioners and Labor Arbiters up to the c. Maternity benefits (filed before SSS);
maximum age of 70 years upon d. All other claims arising from
recommendation of the Commission en banc. employer-employee relationships
Salaries and benefits: The Chairman and including those in domestic or
members of the Commission shall have the household service (even exceeding
same rank, receive an annual salary equivalent 5,000, shall be filed before the
to, and be entitled to the same allowances, Regional Office- Sec.37 of RA
retirement, and benefits as, those of the 10361), involving an amount not
Presiding Justice and Associate Justices of the exceeding Php5,000.00 regardless of
Court of Appeals, respectively. Labor Arbiters whether accompanied by a claim for
shall have the same rank, receive an annual reinstatement.
salary equivalent to and be entitled to the same *The Commission does not sit en banc. It
allowances, retirement and other benefits and decides cases by three divisions XPN: 1.
privileges as those of the judges of the regional Promulgate rules and regulations 2.
trial courts. Recommend the extension of the term of office
JURISDICTION OF LABOR ARBITER of a labor arbiter, commissioner, or chairman
AND THE COMMISSION to the President.

1. Unfair labor practices cases; When the arbiter orders the

2. Termination disputes; reinstatement of an employee, do you
3. *If accompanied by a claim for need a writ of execution to enforce the
reinstatement, involving wages, rates of order? No, that is self-executory. It is also
pay, hours of work, and other terms and immediately executory; only 10 days is given.
conditions of employment. (If no The employer, under the Code, has 2 options of
reinstatement the labor arbiter does not reinstatement: (1) actual or physical
have a jurisdiction- it shall be with the reinstatement; or (2) payroll reinstatement,
regional office *art. 128 BUT if it where he is included in the payroll but he is not
exceeds 5,000 it is always to LA even required to report for work. The choice belongs
though no reinstatement) to the employer.
*Claim for reinstatement would make POWER OF THE COMMISSION
the case illegal dismissal or termination
disputes; 1. Promulgate rules and regulations;
 2. Exclusive appellate jurisdiction over all them. Hence, even if the order of reinstatement
cases decided by Labor Arbiters; of the Labor Arbiter is reversed on appeal, it is
3. Appellate jurisdiction over cases decided obligatory on the part of the employer to
by DOLE Regional Director under Art. reinstate and pay the wages of the dismissed
129 (recovery of wages, simple money employee during the period of appeal until
claims, and other benefits). reversal by the higher court. On the other hand,
if the employee has been reinstated during the
*Contempt Power of the Commission
appeal period and such reinstatement order is
Art. 225 (d). To hold any person in contempt reversed with finality, the employee is not
directly or indirectly and impose appropriate required to reimburse whatever salary he
penalties therefor in accordance with the law. received for he is entitled to such, more so if he
actually rendered services during the period.”
*Robosa v. NLRC- LC requires LA or the
Commission to deal with indirect contempt in Art. 292 (b) employer has the burden of
the manner prescribed under Rule 71 of ROC. proving that there is just dismissal in
illegal dismissal cases
What are the cases to be appealed to the
Commission? (1) The Commission shall have
exclusive appellate jurisdiction over all cases
Appearance and Fees
decided by Labor Arbiters; and (2) decisions of
the Regional Directors as to money claims When a non-lawyer may appear before the
under Art. 129. Commission or Labor Arbiter
Writ of Execution 1. If they represent themselves; or
2. If they represent their organization or
*Rubberworld v. NLRC- if the company applied
members thereof;
for receivership or rehabilitation, the Writ of
3. He is duly accredited member of any
Execution shall be suspended until the
legal aid office duly recognized by the
company is rehabilitated. However, if the
Department of Justice or the IBP in
corporation or partnership did not survive, the
cases referred to by the IBP. (Kanlaon v.
writ shall be executed within the winding-up
NLRC)
period.
*Only lawyers are allowed to collect
*Technical Rules Not Binding (Art. 227)
reasonable attorney’s fees
Rules of Evidence do not apply and it is the
Basis of Attorney’s Fees- 1. Employment of the
spirit and intention of the LC and the
service of the lawyer; 2. Damages (award of
Commission to use all reasonable means to
attorney’s fees in litigation)
ascertain the facts in each case speedily and
objectively and without regards to the Case Flow
technicality of law or procedure, all in the
*lack of jurisdiction is not a grounds for
interest of due process.
dismissal (RA 10396 or Mandatory
Roquero vs PAL: The employee does not Conciliation) instead the body shall conduct
need to reimburse. It was a business judgment SEnA.
on the part of the employer to reinstate the
employee by payroll reinstatement.
“Technicalities have no room in labor cases
where the Rules of Court are applied only in a
suppletory manner and only to effectuate the
objectives of the Labor Code and not to defeat
SEnA Single Entry Approach (conducted However, you’ll be encountering arbiters who
within 30 days)- an administrative approach to do not allow the attorney’s fees and damages to
provide a speedy, impartial, inexpensive, and be excluded from the bond. The point still is,
accessible settlement procedure of all labor the employer must post an appeal bond. If the
issues or conflicts to prevent them from appellant is the complainant (meaning the
ripening into full-blown disputes or actual employer won), there is no need to post bond.
labor cases.
But he must pay the appeal fee which is P500.
If the party did not reach a settlement under
What is the appeal process? From the
SEnA, it shall be referred to the court having
ruling of the LA, you go up to NLRC and then
jurisdiction over the case. 21:36
CA because of the St. Martin’s ruling and then
Appeals (NLRC) finally, the Supreme Court.
Once the arbiter issues an Order, whether for How will the sheriff execute the Order?
or against the employee, the aggrieved party He will go to the employer to receive payment.
may appeal the ruling. Do file a motion for If he is not successful, the employer’s bank
reconsideration with the Order of the arbiter account will be garnished. The sheriff will write
because that is a prohibited pleading. the banks and attach the writ of execution. The
banks would normally reply to advise whether
So what do you do? You have ten (10)
there are deposits made by the employer. If
calendar days from receipt of the Order to
payment still cannot be secured in this manner,
appeal the ruling. But take note that you have
the sheriff will go after the employer’s property
to use at least one (1) of the four (4) grounds
by attachment.
under Art. 229 for filing an appeal.
Again, he has five (5) years to do this. After that
Note: Under Art. 229(a), grave abuse of
and the Order is not executed, you have
discretion is not necessary. Abuse of discretion
another five (5) years. In the latter case, the
will suffice.
winning party must file an independent action
Again, you must use any of the four (4) grounds for execution or revival of judgment. In other
because if you fail to cite any one of them, your words, you have a total of ten (10) years to
appeal will be dismissed for lack of merit. execute an Order of the LA.

If the appellant is the employer, he must post a BUREAU OF LABOR RELATIONS

bond; otherwise, his appeal will likewise be
This is a bureau directly under the DOLE. Their
dismissed. The appeal is not perfected. What
original and exclusive jurisdiction is limited to
would happen? The winning party
the following (must act within 15 working
(complainant) may execute the Order.
days):
How much is the bond? It must either be in
1. “Inter-union disputes” or “representation
the form of cash deposit or surety bond
disputes” which refer to cases involving
equivalent to the monetary award, exclusive of
petition for certification election filed by a duly
damages and attorney’s fees.
registered labor organization which is seeking
Why would the damages and attorney’s to be recognized as the sole and exclusive
fees be excluded from the bond? Because bargaining agent of the rank-and-file
sometimes, when the case is elevated to a employees in the appropriate bargaining unit
higher court, particularly the Supreme Court, of a company, firm, or establishment.
the award of damages and attorney’s fees is
2. “Intra-union disputes” or “internal union
deleted. Hence, it’s useless to include them in
disputes” which refer to disputes or grievances
your bond.
arising from any violation of or disagreement
over any provision of the constitution and by- However, if the terms are unreasonable and
laws of the union, including any violation of the unconscionable, the court will strike it down,
rights and conditions of union membership especially if there is a showing that it was
provided for in the Labor Code. wangled from an unsuspecting or gullible
person.
3. All disputes, grievances, or problems arising
from or affecting labor management relations Registration of Unions and CBA: (a)
in all workplaces, except those arising from the Within 30 days from execution of CBA, copies
interpretation or implementation of the CBA shall be submitted to the Bureau or Regional
which are subject of grievance procedure Offices of DOLE, (b) accompanied with proofs
and/or voluntary arbitration. of posting in two conspicuous places in the
place of work and, (c) ratification of all workers
What are the administrative functions of
in the said bargaining unit.
the BLR?
The Bureau or RO shall act upon the
1. registration of labor unions
registration within 5 calendar days from receipt
2. keeping of registry of labor unions thereof. It shall also assess the employer for fee
not less than 1,000 or any other amount
3. maintenance and custody of the CBAs deemed appropriate.
When can you enter into a compromise When a CBA is not registered, just the
in labor cases? At any time. Before, during, same, that is valid and binding between the
or after the filing of the case, the parties may union and the employer, but it cannot prevent
compromise. Even if there is already a writ of another union, or any party interested therein
execution, compromise is still available to the to file a petition for certification election at any
parties, provided that the terms and conditions time. This is because the non-registration of
are just and conscionable. Otherwise, the court the CBA will not bind a third person.
will strike it down for being against public
policy. What is privileged communication? It
refers to the statements and conversations
Mindoro Lumber and Hardware v. Bacay, made under circumstances of assured
G.R. No. 158753, confidentiality which must not be disclosed in
June 8, 2005, it was held: court or in any administrative proceeding.
Under Art. 233, matters which the parties may
Indeed, not all quitclaims are per se invalid or have revealed or may have learned from each
against public policy, except (1) where there is other during mediation and conciliation
clear proof that the waiver was wangled from proceedings shall not be used as evidence
an unsuspecting or gullible person, or (2) before the proceedings in the LA or the NLRC,
where the terms of settlement are or any Court or tribunal.
unconscionable on their faces; in these cases,
the law will step in to annul the questionable REGISTRATION AND CANCELLATION
transactions. Requirements for Registration: (a) 50
Such quitclaims are regarded as ineffective to pesos, (b) names of its officers, addresses, and
bar the workers from claiming the full measure the principal address of the labor organization,
of their legal rights. minutes of organizational meeting and the list
of workers who participated in the meeting, (c)
Waivers and quitclaims are valid, provided they if independent union: at least 20% of the
are entered into consensually, without the employees in the bargaining unit, (d) if already
absence of duress, fraud, or vice of consent. existing: copies of annual reports, (e) four
copies of constitution and bylaws
Where do you register? Applications for
registration of independent labor unions,
chartered locals, workers’ associations shall be
filed with the Regional Office where the
applicant principally operates. It shall be
processed by the Labor Relations Division.
Applications for registration of federations,
national unions or workers’ associations
operating in more than one region shall be filed
with the Bureau or the Regional Offices.