1. Concepts “Strike” – means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Article 219[o], P.D. 442, Labor Code) To strike is to withhold or to stop work by the concerted action of employees as a result of an industrial or labor dispute….
1. Concepts “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial persons who shall decide on the merits of the case and whose decisions is final, executory and unappealable. (Section 1[d], NCMB Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings) “Voluntary Arbitrator”…
1. Concepts Grievance machinery – refers to a system of resolving grievances aired by employees, including but not limited to, issues arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies, as well as those that may be stipulated in the Collective…
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the…
These are the related Labor Law Cases or Jurisprudence. 1. 3 years from accrual of cause of action Philippine Long Distance Telephone Company (PLDT) v. Pingol G.R. No. 182622, 08 September 2010 [BACKGROUND] In 1979, [the employee] [R. [the employee]] was hired by petitioner PLDT as a maintenance technician. On April 13, 1999, while still…
These are the related Labor Law Cases or Jurisprudence. 1. Covered employees a. Covered employees 1) Rank-and-file employees Ramil v. Stoneleaf Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] On June 7, 2009, [the employee] was hired as a Spa Supervisor and Massage Therapist at respondent’s establishment, Stoneleaf Spa and Wellness Center. Respondent Stoneleaf, Inc….
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No. 9710, otherwise known as…
1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19 June 2019 [BACKGROUND] On June 1, 2011, [the employee] was hired by [the local agency] Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co.,…
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas Placement Agency, Inc. v. Cabiles, En Banc, G.R. No. 170139, 05 August 2014 [BACKGROUND] [the employer – local agency], Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency….
Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. Summary ▪ Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. ▪ In order for a benefit to…