Government -owned or -controlled corporations
GOCCs without original charters are covered by the Labor Code, not the Civil Service Law. 1. Concept “Government-Owned or -Controlled Corporation (GOCC)” – refers to any agency organized as a stock or nonstock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government of the Republic […]
Prescriptive periods, interruption, penalties
“Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever. 1. Prescriptive periods “Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed […]
Sole and exclusive bargaining agent (SEBA)
“Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit. 1. Concept “Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or […]
Request for sole and exclusive bargaining (SEBA) certification
Any legitimate labor organization may file a request for SEBA certification. 1. Concept Any legitimate labor organization may file a request for SEBA certification. (Section 1, Rule VII, DOLE Department Order No. 40, Series of 2003, as amended by A-I) a. Where to file [The SEBA request may be filed] in the Regional Office which […]
2023 Masterclasses – Now Available
Sign up for the 2023 Masterclasses: REGISTER HERE Greetings! Thank you for your interest in our Masterclasses. A. REGISTRATION 1. Please fill-up this Registration Form. Afterwards, you will be provided with the payment details. 2. Kindly note that the Masterclass has limited slots and lectures will also start on schedule. Thus, kindly deposit your payment within seven […]
Overseas Filipino Workers (OFWs)
1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which the person is not a citizen, or on board a vessel navigating the foreign seas other than a government ship used for military or […]
Labor organization unfair labor practices
Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization. 1. Concept “Unfair labor practices” – violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with […]
Employer unfair labor practices
Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization. 1. Concept “Unfair labor practices” – violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with […]
Rights and conditions of membership in labor organizations
Being a member of a labor organization comes with rights and conditions. 1. Concept The following are the rights and conditions of membership in a labor organization: 1) No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be […]
Labor disputes
“Labor dispute” – includes any controversy or matter concerning terms and 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. 1. Concept “Labor dispute” – includes any […]