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LaborRev Notes Introduction

The document outlines administrative matters for a class, including attendance policies, grading computation, and class break rules. It also discusses the prevailing views in Philippine labor policy, emphasizing social justice provisions and the rights of workers, including self-organization, collective bargaining, and strike procedures. Additionally, it contrasts labor standards with labor relations, detailing the terms of employment and employee rights.

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apnacino
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4 views

LaborRev Notes Introduction

The document outlines administrative matters for a class, including attendance policies, grading computation, and class break rules. It also discusses the prevailing views in Philippine labor policy, emphasizing social justice provisions and the rights of workers, including self-organization, collective bargaining, and strike procedures. Additionally, it contrasts labor standards with labor relations, detailing the terms of employment and employee rights.

Uploaded by

apnacino
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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01-22-2025

Administrative Matters:
1. Excuse absences – submit to OCS – then to Sir
2. 4:30pm extension – but pwede na umalis if may class ng 4PM
3. Possible make-up classes – 5 sessions since end of classes is April 12
4. Computation of grades:
a. 1/3 – recitation
b. 1/3 – midterm exams
c. 1/3 – finals
5. CR breaks – not allowed while class ongoing

Introduction:
 Most prevailing view in Philippine labor policy social justice provisions
o Seven cardinal rights
 Self-org
 Collective bargaining
 Concerted activities (i.e. strike in accordance with law)
 Notice of strike
 2 Strikeable issues:
o Deadlock in CBN
o Commission of ULP acts
 Cooling off period (Ovejera v. National Federation of Sugar
Workers case)
o 30D if deadlock
o 15D if ULP
o RATIONALE: To prevent or curb the occurrence of a
strike
 Holding of a Secret Ballot Strike Vote
o Capitol Medical Center case  SC pointed out that
before a strike vote be conducted, it is necessary
for the union to inform the NCMB that a secret
ballot strike vote will be conducted
 NOTE: Labor Code does not have this
requirement  but can be found in NCMB
Rules (notice at least 24 hours before strike
vote is held)
 RATIONALE: So that NCMB can send a
representative for the strike vote who will
observe the whole activity and ensure that it
is conducted peacefully and orderly
 Failure to do so = illegal strike
 7 days strike ban
o Rationale is found in Ovejera case
 Strike itself
o No unlawful acts or activities allowed
o Take note of the consequences of illegal strike
 Liabilities of the strikers/officers of the union
o GR: Writ of prelim Injunction/TRO may not be issued
 XPN: unlawful/prohibited acts are committed
 Security tenure
 Living wage
 Humane conditions of work
 Participate in policy and decision-making process insofar as their
interests are concerned (Phil Airlines v. NLRC)
o Commit to memory the Social Justice Provision
 Note this case  Lingganay case
 Dissenting Opinion of J. Leonen: “Labor is a primary social
economic force. Labor is a special class that is
constitutionally protected bec of the inequality between
the capital and labor.”
 Magsaysay – “A working man is entitled to a little more food in
his stomach, a little more roof over his head, a little more
clothes on his back” and “Those who have less in life should
have more in law.”
o Case-based  look at the developments in labor law and the whys
 J. Holmes – “When I want to understand what is happening today
and decide a case for tomorrow, I look back.”
 Churchill – “The further backwards we can see, the further
forward we can look.”
 Rizal – “Ang hindi marunong tumingin sa pinaggalingan ay hindi
makakarating sa paroroonan.”
o Common Bar Q: Labor Standard vs. Labor Relation
 LS – terms and conditions of employment, EE’s benefits,
penalties, when ER-EE relationship
 Security of tenure
 Legal dismissal/termination of employment
o Just and authorized causes for dismissal
o Termination of employment based on Union
Rule/CBA
 LR – EE’s rights to self-org, strikes, CBAs
 Check procedures on CBA (note the days)
 Procedure before Strikes
 Procedures in creating unions
 Procedures for Voluntary Arbitration

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