LABOR RELATIONS AND NEGOTIATION (FINALS)

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It is the branch of law that governs and regulates the relationship between employers and employees.

LABOR LAW

It is the branch of labor law that regulates the activities of labor organizations and prescribes the modes and machinery for the settlement of labor disputes, including collectively bargaining, and the modes and procedure for terminating an employment.

LABOR RELATIONS

These are statutes intended to provide protection to the employee and his beneficiaries in case of disability, sickness, old age, death, and other contingencies that results in loss of income or financial burden.

WELFARE LAWS

Those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.

MANAGERIAL EMPLOYEES Signup and view all the answers

It is a job where the parties by free choice have assigned a specific date of termination.

FIXED-TERM EMPLOYMENT Signup and view all the answers

It means that employees cannot be dismissed without valid cause.

RIGHT TO SECURITY OF TENURE Signup and view all the answers

It is a job where the employee upon his engagement, is made to undergo trial period to enable the employer to determine his fitness for regular employment based on reasonable standards made known to him at the time of engagement.

PROBATIONARY EMPLOYMENT Signup and view all the answers

Those who, in the interest of the employer, effectively recommend managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.

SUPERVISORY EMPLOYEES Signup and view all the answers

Workers who belong to a "work pool" from which the Company draws workers for assignment to its various projects may acquire regular status as project employee if the same employer continuously (not intermittently) rehires the employee for the same task in different projects.

PROJECT EMPLOYMENT ON REGULAR STATUS Signup and view all the answers

It is a job where the activities performed by the employee are not usually necessary or desirable in the usual business or trade of the employer.

CASUAL EMPLOYMENT Signup and view all the answers

It simply means that the employer cannot dismiss an employee without just a cause or authorized cause.

SECURITY OF TENURE Signup and view all the answers

It is concerned with the effect of delay.

LACHES Signup and view all the answers

It is concerned with the fact of delay

PRESCRIPTION Signup and view all the answers

It refers to a restoration to a state from which one has been removed or separated.

REINSTATEMENT Signup and view all the answers

It is a job where the employee was engaged for a specific undertaking, the completion or termination of which has been determined at the time of the engagement, regardless of the number of years that it would take to finish the undertaking.

PROJECT EMPLOYMENT Signup and view all the answers

It restores the lost income

BACKWAGES Signup and view all the answers

They shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts.

BUREAU OF LABOR RELATIONS Signup and view all the answers

It is a contract whereby the parties by making reciprocal concessions, avoid litigation or put an end to one already commenced.

COMPROMISE Signup and view all the answers

It is a personal right which must be exercised personally by the employees themselves.

WAIVER OF CLAIMS Signup and view all the answers

It is an association of employees created for collective bargaining or dealing with employers concerning terms and conditions of employment.

LABOR ORGANIZATION Signup and view all the answers

It is a document whereby a person relinquishes to another a claim to a right or property.

QUITCLAIM Signup and view all the answers

It is any information and statement made during the conciliation proceedings cannot be used as evidence in the arbitration proceedings.

PRIVILEGED COMMUNICATION Signup and view all the answers

It is an independent union attached to a national union or federation.

AFFILIATE Signup and view all the answers

It refers to any conflict between and among legitimate labor organizations.

INTER-UNION DISPUTES Signup and view all the answers

It refers to any conflict between and among union members.

INTRA-UNION DISPUTES Signup and view all the answers

Those who paid only on the days they worked and on unworked regular holidays.

RANK-AND-FILE EMPLOYEES Signup and view all the answers

It includes any controversy or matter concerning terms or 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.

LABOR DISPUTES Signup and view all the answers

It is a termination of employment without a valid cause.

ILLEGAL DISMISSAL Signup and view all the answers

An unregistered association cannot be an employer. The law does require an employer to be registered before he may come within the purview of the Labor Code.

False Signup and view all the answers

The National Labor Relations Commission or the Labor Arbiters cannot interfere with or substitute their judgment for that of the employer in exercise of his prerogatives.

True Signup and view all the answers

Among the four (4) elements of employer-employee relationship' the power of dismissal is the most important that the other elements may even be disregarded.

False Signup and view all the answers

Labor law is about employer-employee relationship. If the relationship is something else other than "employer-employee", the principles of ordinary civil law will apply.

True Signup and view all the answers

The Chairman, the Division Presiding Commissioners, Commissioners and Labor Arbiters shall be appointed by the President

True Signup and view all the answers

The President shall appoint the staff and employees of the Commission and its regional branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations, and upgrade their current salaries, benefits, and other emoluments in accordance with law.

False Signup and view all the answers

The quasi-judicial power of the NLRC can be exercised only by its division. It cannot be exercised by the NLRC en banc.

True Signup and view all the answers

Labor Law is under Civil Law and Criminal Law.

True Signup and view all the answers

The Presiding Commissioner may extend the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70) upon the recommendation of the Commission en banc.

False Signup and view all the answers

The determining factor is not the amount of compensation received by the employee but the nature of the job itself and the career that it can offer the employee.

True Signup and view all the answers

To register an independent labor organization, an application for registration should be filed with the DOLE Regional Office where the applicant-union principally operates.

True Signup and view all the answers

Independent unions become legitimate labor organizations upon issuance of the certificate of registration.

True Signup and view all the answers

Change of name does not affect the legal personality of the labor organization.

True Signup and view all the answers

The union members who belong to the collective bargaining unit will just be deleted from the list of membership.

False Signup and view all the answers

A labor organization may voluntarily cancel its registration by one-half (1/2) of the general membership must approve the dissolution.

False Signup and view all the answers

A petition for examination of the books of accounts without an allegation of violation of the rights and conditions of union membership is considered as an intra-union dispute.

False Signup and view all the answers

Decisions of the Bureau of Labor Relations in the exercise of its appellate jurisdiction are appealable to the Secretary of Labor and Employment.

False Signup and view all the answers

Rights cannot be waived, unless the waiver in contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law.

False Signup and view all the answers

The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.

True Signup and view all the answers

The Bureau of Labor Relations or the DOLE Regional Offices has the power to expel a union officer from office.

True Signup and view all the answers

Elements of Employer-Employee Relationship

<ol> <li>Selection and Engagement of the Employee2. Power of Dismissal3. Payment of Wages</li> <li>Power to Control Employees Conduct</li> </ol> Signup and view all the answers

Rights of Workers

<ol> <li>Right to Security of Tenure</li> <li>Right to a Living Wage</li> <li>Right to Self Organization</li> <li>Right to Collectively Bargain</li> <li>Right to Present Grievances to the Employer</li> <li>Right to Engage in Concerted Activities</li> <li>Right to Humane Condition of Work</li> <li>Right to Participate to Policy and Decision-Making Process</li> </ol> Signup and view all the answers

Non-Regular Employment

<ol> <li>Project Employment</li> <li>Seasonal Employment</li> <li>Fixed-Term Employment</li> <li>Casual Employment</li> <li>Probationary Employment</li> </ol> Signup and view all the answers

Qualifications of NLRC Commissioners

<ol> <li>Must be a member of Philippine Bar</li> <li>Must have been engaged in the practice of law for atleast 15 years</li> <li>Must have experience in the field of labor-management relation for atleast 5years</li> <li>Preferably a resident of the region where they shall hold office.</li> </ol> Signup and view all the answers

Qualifications of Labor Arbiters

<ol> <li>Must be a member of Philippine Bar 2. Must have been engaged in the practice of law for atleast 10 years 3. Must have experience in the field of labor-management relation for atleast 5years</li> </ol> Signup and view all the answers

Circumstances that will Bar Reinstatement

<ol> <li>Transfer of Business Ownership</li> <li>Business Reverses</li> <li>Closure of Business</li> <li>Abolition of Position</li> <li>Attainment of Compulsory Retirement Age</li> <li>Strained Relation</li> <li>Incapacity of the Employees</li> <li>Conviction of Criminal Case</li> </ol> Signup and view all the answers

Classification of Employment

<ol> <li>Regular Employment</li> <li>Non-Regular Employment</li> <li>Casual Employment</li> </ol> Signup and view all the answers

Kinds of Labor Organizations

<ol> <li>Local Union</li> <li>National Union or Federation</li> <li>Independent Union</li> <li>Local Chapter or Chartered Local</li> <li>Industrial Union</li> <li>Craft Union</li> <li>Company Type Union 8 Company Union</li> <li>Affiliate</li> <li>Trade Union Center</li> </ol> Signup and view all the answers

Remedies for Any Labor Disputes

<ol> <li>Conciliation</li> <li>Mediation</li> <li>Voluntary Arbitration</li> </ol> Signup and view all the answers

Examples of Intra/Inter-Union Disputes

<ol> <li>Election of Union Officers</li> <li>Union Funds</li> <li>Union Membership</li> <li>Registration of Union</li> <li>Registration of Collectively Bargaining Agreement</li> <li>Chartering of Union</li> <li>Disciplinary Action against any Union Officer or Member</li> </ol> Signup and view all the answers

is the entitlement given to all employees to form, join, or assist in the formation of associations for purposes not contrary to law

Right to Self-Organization Signup and view all the answers

two (2) basic types of organizations

(1) Workers' association; and (2) Labor organization. Signup and view all the answers

is an organization of employees created for mutual aid and protection of its members or for any other legitimate purpose other than collective bargaining.

workers' association Signup and view all the answers

The right of employees to self-organization

(1) to abstain from joining a union; (2) to choose which union he would join; (3) and to cancel his membership with the union. Signup and view all the answers

, the right to abstain from joining a union as well as the right to resign from the union or to choose which union to join, cannot be exercised where the contracting union' and the employer have agreed on a union security arrangement.

Limitation Signup and view all the answers

is a stipulation in a collective bargaining agreement which requires employees covered by the collective bargaining unit' to become members of the contracting union and to maintain their union membership in good standing as a condition for continued employment.

Union Security Agreement Signup and view all the answers

Types of Union Security Agreements

(1) Closed Shop (2) Union Shop (3) Maintenance of Membership (4) Preferential Hiring (5) Agency Shop Signup and view all the answers

Types of Employees in the Public Service

(1) Employees of the Government; (2) Employees of GOCCs with original charters; (3) Employees of GOCCs established under the Corpo. ration Law. Signup and view all the answers

The right accorded to government employees to form or join associations is not available to:

(1) Members of the Armed Forces; (2) Members of the Philippine National Police; (3) Members of the Bureau of Fire Protection; and (4) Members of the Bureau of Jail Management and Penology; (5) High-level employees whose functions are normally considered as policy-making or managerial; and (6) Employees whose duties are of highly confidential in nature. Signup and view all the answers

are those who are neither managerial nor supervisory

Rank-and-File Employees Signup and view all the answers

are those who, in the interest of the employer, effectively recommend managerial actions such as laying down and execution of management policies or the hiring, transfer, suspension, lay-off, recall, discharge, assignment, or discipline employees using their independent judgment.

Supervisory Employees Signup and view all the answers

Who Are Disqualified from Forming or Joining a Labor Organization

(1) Managerial employees; (2) Confidential employees who have access to labor relations matters; (3) Employees-members of cooperatives; (4) Government employees; (5) Employees of GOCCs with original charters; and (6) Workers who are intermittent, itinerant or without definite employers. Signup and view all the answers

are those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.

Managerial Employees Signup and view all the answers

employees are those who (a) assist or act in a confidential capacity, in regard (b) to persons who formulate, determine, and effectuate management policies specifically in the field of labor relations.

Confidential Employees Signup and view all the answers

refer to those employed by the National Government or any of its political subdivisions and to those employed by government-owned and controlled corporations with special charters.

Government Employees Signup and view all the answers

Contents of the Minutes

(a) list of all members present; (b) votes cast; (c) purpose of the special assessment; and (d) recipient of the assessment or fees. Signup and view all the answers

is the process by which the employer, on agreement with the collective bargaining representative, or on prior authorization from the employee, deducts union dues, agency fees or other special assessments from the latter's wages and remits them directly to the union.

Check-Off Signup and view all the answers

In case of violation of the rights and conditions of union membership, a complaint may be filed with the following agencies:

(1) DOLE Regional Office (2) Bureau of Labor Relations Signup and view all the answers

LABOR RELATIONS AND NEGOTIATION (FINALS)

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Questions and Answers

It is the branch of law that governs and regulates the relationship between employers and employees.

It is the branch of labor law that regulates the activities of labor organizations and prescribes the modes and machinery for the settlement of labor disputes, including collectively bargaining, and the modes and procedure for terminating an employment.

These are statutes intended to provide protection to the employee and his beneficiaries in case of disability, sickness, old age, death, and other contingencies that results in loss of income or financial burden.

Those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.

It is a job where the parties by free choice have assigned a specific date of termination.

It means that employees cannot be dismissed without valid cause.

It is a job where the employee upon his engagement, is made to undergo trial period to enable the employer to determine his fitness for regular employment based on reasonable standards made known to him at the time of engagement.

Those who, in the interest of the employer, effectively recommend managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.

Workers who belong to a "work pool" from which the Company draws workers for assignment to its various projects may acquire regular status as project employee if the same employer continuously (not intermittently) rehires the employee for the same task in different projects.

It is a job where the activities performed by the employee are not usually necessary or desirable in the usual business or trade of the employer.

It simply means that the employer cannot dismiss an employee without just a cause or authorized cause.

It is concerned with the effect of delay.

It is concerned with the fact of delay

It refers to a restoration to a state from which one has been removed or separated.

It is a job where the employee was engaged for a specific undertaking, the completion or termination of which has been determined at the time of the engagement, regardless of the number of years that it would take to finish the undertaking.

It restores the lost income

They shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts.

It is a contract whereby the parties by making reciprocal concessions, avoid litigation or put an end to one already commenced.

It is a personal right which must be exercised personally by the employees themselves.

It is an association of employees created for collective bargaining or dealing with employers concerning terms and conditions of employment.

It is a document whereby a person relinquishes to another a claim to a right or property.

It is any information and statement made during the conciliation proceedings cannot be used as evidence in the arbitration proceedings.

It is an independent union attached to a national union or federation.

It refers to any conflict between and among legitimate labor organizations.

It refers to any conflict between and among union members.

Those who paid only on the days they worked and on unworked regular holidays.

It is a termination of employment without a valid cause.

An unregistered association cannot be an employer. The law does require an employer to be registered before he may come within the purview of the Labor Code.

The National Labor Relations Commission or the Labor Arbiters cannot interfere with or substitute their judgment for that of the employer in exercise of his prerogatives.

Among the four (4) elements of employer-employee relationship' the power of dismissal is the most important that the other elements may even be disregarded.

Labor law is about employer-employee relationship. If the relationship is something else other than "employer-employee", the principles of ordinary civil law will apply.

The Chairman, the Division Presiding Commissioners, Commissioners and Labor Arbiters shall be appointed by the President

The President shall appoint the staff and employees of the Commission and its regional branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations, and upgrade their current salaries, benefits, and other emoluments in accordance with law.

The quasi-judicial power of the NLRC can be exercised only by its division. It cannot be exercised by the NLRC en banc.

Labor Law is under Civil Law and Criminal Law.

The Presiding Commissioner may extend the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70) upon the recommendation of the Commission en banc.

The determining factor is not the amount of compensation received by the employee but the nature of the job itself and the career that it can offer the employee.

To register an independent labor organization, an application for registration should be filed with the DOLE Regional Office where the applicant-union principally operates.

Independent unions become legitimate labor organizations upon issuance of the certificate of registration.

Change of name does not affect the legal personality of the labor organization.

The union members who belong to the collective bargaining unit will just be deleted from the list of membership.

A labor organization may voluntarily cancel its registration by one-half (1/2) of the general membership must approve the dissolution.

A petition for examination of the books of accounts without an allegation of violation of the rights and conditions of union membership is considered as an intra-union dispute.

Decisions of the Bureau of Labor Relations in the exercise of its appellate jurisdiction are appealable to the Secretary of Labor and Employment.

Rights cannot be waived, unless the waiver in contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law.

The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.

The Bureau of Labor Relations or the DOLE Regional Offices has the power to expel a union officer from office.

Elements of Employer-Employee Relationship

Rights of Workers

Non-Regular Employment

Qualifications of NLRC Commissioners

Qualifications of Labor Arbiters

Circumstances that will Bar Reinstatement

Classification of Employment

Kinds of Labor Organizations

Remedies for Any Labor Disputes

Examples of Intra/Inter-Union Disputes

is the entitlement given to all employees to form, join, or assist in the formation of associations for purposes not contrary to law

two (2) basic types of organizations

is an organization of employees created for mutual aid and protection of its members or for any other legitimate purpose other than collective bargaining.

The right of employees to self-organization

, the right to abstain from joining a union as well as the right to resign from the union or to choose which union to join, cannot be exercised where the contracting union' and the employer have agreed on a union security arrangement.

is a stipulation in a collective bargaining agreement which requires employees covered by the collective bargaining unit' to become members of the contracting union and to maintain their union membership in good standing as a condition for continued employment.

Types of Union Security Agreements

Types of Employees in the Public Service

The right accorded to government employees to form or join associations is not available to:

are those who are neither managerial nor supervisory

are those who, in the interest of the employer, effectively recommend managerial actions such as laying down and execution of management policies or the hiring, transfer, suspension, lay-off, recall, discharge, assignment, or discipline employees using their independent judgment.

Who Are Disqualified from Forming or Joining a Labor Organization

are those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.

employees are those who (a) assist or act in a confidential capacity, in regard (b) to persons who formulate, determine, and effectuate management policies specifically in the field of labor relations.

refer to those employed by the National Government or any of its political subdivisions and to those employed by government-owned and controlled corporations with special charters.

Contents of the Minutes

is the process by which the employer, on agreement with the collective bargaining representative, or on prior authorization from the employee, deducts union dues, agency fees or other special assessments from the latter's wages and remits them directly to the union.

In case of violation of the rights and conditions of union membership, a complaint may be filed with the following agencies:

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