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…
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…
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…
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…
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 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…
“Employee” – includes any person in the employ of an employer. 1. Concept “Employee” – includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result…
“Employer” – includes any person acting in the interest of an employer, directly or indirectly. 1. Concept “Employer” – includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer. (Article 219[e], Ibid.)…
Summary ▪ Constructive dismissal refers to a quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. ▪ Constructive dismissal is a form of illegal dismissal. 1. Concept “Constructive dismissal” – refers to “[a] quitting because continued employment is rendered impossible, unreasonable…
1. Concept “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural due process will be upheld subject to the employer being liable for nominal damages. (See: Agabon v. NLRC, En Banc, G.R. No. 158693, 17 November 2004) Otherwise stated, so long…