Go Lang, Crew! (Set 7) Flashcards
Labor Standards and Labor Relations (10 cards)
There are certain practices in hiring and promoting employees which are considered discriminatory on the part of the employer. Cite two laws and discuss briefly what acts are specifically prohibited therein.
*Art. 135. Discrimination Prohibited.
-It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.
1. payment of a lesser compensation, including wage, salary, or other form of remuneration and fringe benefits, to a female employee as against a male employee for work of equal value; and
2. favoring a male employee over a female employee with respect to promotion, training opportunities, study, and scholarship grants solely on account of their sexes.
*Art. 136. Stipulation Against Marriage.
-It shall be unlawful for an employer:
1. to require as a condition of employment or continuation of employment that a woman employee shall not get married;
2. to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated; or
3. to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.
*Art. 137. Prohibited Acts.
It shall be unlawful for any employer:
1. to deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code;
2. to discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
3. to discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
*Art. 140. Prohibition Against Child Discrimination.
No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.
Discuss briefly the primary powers and functions of the Regional Tripartite Wages and Productivity Board.
Art. 122, LC The Regional Boards shall have the following powers and functions in their
respective territorial jurisdictions:
a. To develop plans, programs and projects relative to wages, incomes, and productivity improvement for their respective regions;
b. To determine and fix minimum wage rates applicable in their regions, provinces, or industries therein, and to issue the corresponding wage orders, subject to guidelines issued by the Commission;
c. To undertake studies, researches, and surveys necessary for the attainment of their functions, objectives, and programs, and to collect and compile data on wages, incomes, productivity, and other related information and periodically disseminate the same;
d. To coordinate with the other Regional Boards as may be necessary to attain the policy and intention of this Code;
e. To receive, process, and act on applications for exemption from prescribed wage rates as may be provided by law or any Wage Order; and
f. To exercise such other powers and functions as may be necessary to carry out their mandate under this Code.
Implementation of the plans, programs, and projects of the Regional Boards referred to in the second paragraph, letter (a) of this Article, shall be through the respective regional offices of the DOLE within their territorial jurisdiction, provided that the Regional Boards shall have technical supervision over the regional office of the DOLE with respect to the implementation of said plans, programs, and projects.
- Implementation of plans, programs, projects are through the regional offices
of the DOLE.
HOWEVER, meron pa ring technical supervision of the implementation of plans, programs, projects ang Regional Boards.
Upon the perfection of an appeal, the Labor Arbiter’s decision may not be immediately executed. True or false? Explain.
TRUE. Section 3, Rule XI of the 2011 Revised Rules of Procedure of the NLRC, as amended, provides that “the perfection of an appeal shall stay the execution of the decision of the Labor Arbiter, except execution for reinstatement pending appeal.”
Note: The decision of the LA reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall NOT stay the execution for reinstatement provided herein. (Art. 229, LC).
What is probationary employment? What are the grounds for termination of probationary employment?
Art. 296. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period.
GROUNDS FOR TERMINATION:
The services of an employee who has been engaged on a probationary basis may be terminated for a just cause1 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. An employee who is allowed to work after a probationary period shall be considered a regular employee.
PROBATIONARY EMPLOYEE:
One who is under observation by an employer to determine whether or not he is qualified for permanent employment (Sec. 6(d), Rule I, Book VI, LC IRR).
PROBATIONARY EMPLOYMENT TEST:
An employee who is allowed to work after the lapse of the probationary period shall be considered a regular employee (Colegio Del Santismo Rosario v. Emmanuel Rojo).
Discuss the Mcburnie v. Ganzon ruling regarding appeal bonds.
(a) The filing of a motion to reduce appeal bond shall be entertained by the NLRC subject to the following conditions:
1. There is meritorious ground; and
2. A bond in a reasonable amount is
posted.
(b) For purposes of compliance with condition no. 2, a motion shall be accompanied by the posting of a provisional cash or surety bond equivalent to ten percent (10%) of the monetary awards subject to the appeal, exclusive of damages and attorney’s fees
Enumerate the reliefs for an illegally dismissed employee. Are these available to an OFW? Explain.
An illegally dismissed employee is entitled to two (2) reliefs:
1. Backwages
2. Reinstatement
The two reliefs provided are separate and distinct. In instances where reinstatement is no longer feasible because of strained relations between the employee and the employer, the separation pay is granted.
ILLEGALLY DISMISSED OFW:
An OFW who is illegally dismissed by his foreign employer abroad is entitled to the total pay for his unexpired work contract.
If terminated on grounds other than those that are lawful and valid before the agreed termination date, the employer will pay the workers their salaries corresponding to the unexpired portion of the employment contract. (Vinta Maritime Co, Inc. v. NLRC)
What is the legal significance of knowing the difference between mandatory and non-mandatory provisions in the CBA? Enumerate at least two (2) mandatory provisions in the CBA.
The legal significance is to protect the rights of employees when the mandatory provisions are not reflected in the CBA, its registration will be denied by the BLR. In addition, the employer’s duty to bargain is
limited to the mandatory bargaining subjects; as to other matters, he is free to bargain or not to bargain.
The following are the mandatory provisions of the CBA:
1. Grievance Procedure;
2. Voluntary Arbitration
3. No Strike-No Lockout Clause; and
4. Labor Management Council
If these provisions are not reflected in the CBA, its registration will be *denied by the BLR.
Enumerate at least two (2) types of Union Security Agreements. Explain one of them.
There are two (2) main forms of union security:
a. Closed shop is an agreement where an employer binds himself to hire only members of the contracting union, who must continue to remain members in good standing to keep their jobs.
XPNs:
a. Members of minority unions;
b. Employees expressly excluded by
CBA stipulations;
c. Religious objectors; and
d. Confidential employees.
Any doubt must be resolved against the existence of a closed shop agreement.
b. Union shop when all new regular employees are required to join the union within a certain period for their continued employment. Non-members may be hired but to retain their employment, they must become union members after a certain period. The requirement applies to present and future employees.
Explain what management prerogative is; Cite two (2) specific examples.
Management prerogative is the inherent right of the employer to regulate all aspects of employment.
Under the Doctrine of Management Prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignment working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. (Peckson v. Robinsons
Supermarket Corp.)
*Primarily required in the exercise: GOOD FAITH. So long as a company’s prerogatives are exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of employees, the Court will uphold them. (San Miguel Brewery v. Ople)
Example:
Right to discipline - The employer has the right to discipline erring employees who have been proven to commit violations provided that due process is observed.
Change of work hours - As to when and where work will be done, as well as by what manner, the employer has the right to decide to ensure that work is done productively and efficiently.
When is run-off election conducted?
A “run-off election” refers to an election between the labor unions receiving the two (2) highest number of votes in a certification election or consent election with three (3) or more choices, where such a certification election or consent election results in none of the three (3) or more choices receiving the majority of the valid votes cast, provided that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
Atty G discussion: No union is also a choice. Pag sinabing 3 choices, hindi naman all unions.
