Go Lang, Crew! (Set 8) Flashcards
Labor Standards and Labor Relations (10 cards)
Differentiate backwages from separation pay.
Separation pay is paid when reinstatement is not possible; while backwages are paid for the compensation which otherwise the
employee should have earned had he not been illegally dismissed.
Separation pay is computed on the basis of the employee’s length of service; while backwages is computed from the time of illegal dismissal up to the actual reinstatement, or if reinstatement is no longer possible, until the *finality of the decision.
What is the cooling-off period? Immediately after the lapse of the cooling-off period, can strike be conducted?
The 15 to 30-day cooling-off period is designed to afford the parties the opportunity to amicably resolve the dispute with the assistance of the NCMB conciliator/mediator. In cases of bargaining deadlocks, the cooling-off period is thirty (30) days, while, in cases of unfair labor
practices, the period is fifteen (15) days.
No, after the lapse of the cooling-off period, a strike cannot immediately be conducted because of the 7-day waiting period/7-day strike ban. The seven (7) day waiting period is intended to give the NCMB-DOLE an opportunity to verify whether the projected strike really carries the approval of the majority of the union members. It is reckoned from the time the strike vote report is submitted to the NCMB-DOLE.
What is retirement? How much is the retirement pay of an employee?
Retirement refers to the time of life when one chooses to permanently leave the workforce behind. Retirement is optional at sixty (60) years old, while mandatory at sixty-five (65) years old.
Retirement pay is an additional pay provided to a covered employee who is retiring. In the private sector, the ½ month pay in retirement pay is equivalent to 22.5 days. Retirement pay requires at least five (5) years of service.
If a company has a legitimate labor organization (LLO), that company is considered an “organized establishment.” True or false? Explain.
FALSE. An Organized Establishment is one where there exists a certified Sole Exclusive Bargaining Agent (SEBA), regardless of whether a CBA has been conducted or not by such SEBA with the employer.
For a labor organization to be considered as the SEBA, there must first be a procedure to get its certification. Therefore, merely having an LLO is not enough to be considered as an organized establishment.
What is the freedom period? Discuss the importance of the freedom period.
It is the last 60 days of the validity of the current Collective Bargaining Agreement existing between the employer and its collective bargaining unit. It is important because this is the same period that a petition for certification election may be filed. If the current bargaining unit has a
CBA, the petition can be filed only within the freedom period, which is the last 60 days of the fifth year of the CBA.
What is chartering? How does a chartered local chapter differ from a legitimate labor organization?
Chartering is when a duly registered federation or national union may directly create a local chapter by issuing a chapter certificate indicating the establishment of the local chapter. The chapter shall acquire legal personality only for the purposes of filing a petition for certification election from the date it was issued a charter certificate.2 (Art. 241).
A legitimate labor organization is any labor organization that is duly registered with the DOLE. This includes local chapters that are directly chartered by a legitimate federation or national union and have been duly reported to the department in accordance with Section 2, Rule VI, Book V of the Implementing Rules
Enumerate the grounds for the cancellation of registration of a legitimate labor organization.
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. Voluntary dissolution by the members; and
c. Misrepresentation, false statements or fraud in connection with the Election of officers, minutes of the election of officers, and the list of voters.
May be cancelled by the BLR after due hearing and only based on the grounds enumerated above.
What is a legitimate labor organization? Enumerate its powers.
Legitimate Labor Organization refers to any labor organization in the private sector registered or reported with the DOLE, in accordance with the Labor Code and its implementing rules. It includes any branch or local thereof
Powers [Art 251]
1. To act as the representative of its members for the purpose of collective
bargaining
2. To be certified as the exclusive representative of all the employees in an
appropriate bargaining unit for purposes of collective bargaining
3. To be furnished by the employer, upon written request, with its annual audited financial statements, including the balance sheet and the profit and loss statement, within 30 calendar days from the date of the receipt of the request: after the union has been duly recognized by the employer or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit; or within 60 calendar days before the expiration of the existing collective bargaining agreement; or during the collective bargaining negotiation;
4. To own property, real or personal, for the use and benefit of the labor organization and its members;
5. To sue and be sued in its registered name; and
6. To undertake all other activities designed to benefit the organization and its members, including cooperative, housing, welfare and other projects not contrary to law.
What is a federation? State and explain one extraordinary power granted by law to a federation.
ART. 234. Requirements of Registration. - A federation, national union or industry or trade union center or an independent union 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:
1. Fifty pesos (P50.00) registration fee;
2. 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;
3. In case the applicant is an independent union, 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;
4. If the applicant union has been in existence for one or more years, copies of its annual financial reports; and
5. Four 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.”
Distinguish regular employment from casual employment.
*REGULAR EMPLOYMENT
-ART. 295. [280] Regular and Casual Employment. The provisions of written
agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
*CASUAL EMPLOYMENT
-There is casual employment where an employee is engaged to perform a job, work or service which is merely incidental to business of employer and not necessary or desirable to the nature of the business of the employer, and such job, work, or service is for a definite period made known to the employee at the time of the engagement.
A casual employee is only casual for a year and its passage of time that gives him a regular status.
