JURISDICTION OF THE LABOR ARBITER 11.) Contested cases under the exception clause of Art.

128 (b) of the LC

(Visitorial and Enforcement Powers of the SOLE)
Art. 224, Labor Code ILLEGAL RECRUITMENT
(IF-FOUND-WITH-AFP)
1.) ULP
1.) To charge greater amount than that specified in the schedule of allowable
2.) Termination disputes fees (Illegal Exaction)

3.) If accompanied with a claim for reinstatement, those cases that a worker 2.) To furnish any false information in relation to recruitment or employment
may file involving wage rates, hours of work, and other terms and conditions of (False Information)
employment
3.) To give any false notice, testimony or commit any act of misrepresentation
4.) Claims for actual, moral, exemplary and other forms of damages arising to secure a license or authority
from employee-employer relations (False Statements)

5.) Cases arising from any violation of Art. 279 of this code, including questions 4.) To obstruct or attempt to obstruct inspection by the Labor Secretary or his
involving the legality of strikes and lockouts authorized representatives
(Obstruct Inspection)
6.) Except for claims arising out of Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising from EER, including 5.) Failure to deploy a contracted worker without a valid reason as determined
those persons in domestic or household service, involving an amount by DOLE
exceeding 5,000 regardless of whether accompanied with a claim for (Unjustified non-deployment)
reinstatement.
6.) Failure to reimburse expenses incurred by the worker in connection with his
Added by virtue of the NLRC Rules documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker’s fault
7.) Enforcement of Compromise agreements when there is non-compliance by (Non-reimbursement upon failure to deploy)
any of the parties pursuant to Art. 233
7.) To allow a non-Filipino citizen to head or manage a licensed
8.) Wage Distortion disputes in unorganized establishments not voluntarily recruitment/manning agency
settled by the parties pursuant to R.A. 6727 (Delegation to an alien)

9.) Monetary claims of Overseas Contract Workers arising from EER as 8.) To withhold travel documents from applicant workers before departure for
provided in Sec. 10 of R.A. 8042, as amended by R.A. 10022 unauthorized monetary considerations
(Withholding travel documents)
10.) Other cases as may be provided by law
9.) To influence or attempt to influence any person or entity not to employ any
Art. 128 (b) worker who has not applied for employment through his agency
(Influencing not to employ)
10.) To become an officer or member of the Board of any corporation engaged Philippines government and foreign government: provided that the exemption
in the management of a travel agency is on a reciprocal basis;
(Travel agency recruiting officers)
5.) Permanent resident foreign nationals and probationary or temporary
11.) To engage in the recruitment or placement of jobs harmful to public resident visa holders under Sec 13 of the Philippine Immigration Act of 1940
health, morality or to the dignity of the Philippines and Section 3 of the Alien Social Integration Act of 1995
(Harmful Jobs)
6.) Refugees and Stateless Persons recognized by the DOJ pursuant to Art. 17
12.) To substitute or alter employment contracts without the approval of the of the UN Convention and Protocol Relating to the Status of Refugees and
SOLE Stateless Persons;
(Alteration of contracts)
7.) All foreign nationals granted Exemption by Law.
13.) To fail to file reports on the status of employment, placement and such
other matters as may be required by the SOLE EXCLUSION FROM SECURING EMPLOYMENT PERMIT
(Failure to comply with the rules and regulations)
1.) Members of the Governing Board with voting rights only and do not
14.) To induce or attempt to induce a worker to quit his job in lieu of another intervene in the management of the corporation or in the day-to-day
offer unless it is designed to liberate the worker from oppressive terms of operations of the enterprise
employment
(Pirating) 2.) President and Treasurer, who are part-owners of the company

EXEMPTION FROM THE EMPLOYMENT PERMIT REQUIREMENT 3.) Those providing Consultancy Services who do not have employers in the
Philippines
1.) All members of the Diplomatic Service and foreign government officials
accredited by and with reciprocity agreement with the Philippine government; 4.) Intra-corporate transferee is a manager, executive, or specialist in
accordance with Trade Agreements and an employee of the foreign service
2.) Officers and staff of international organizations of which the Philippine supplier for at least one-year continuous employment prior to deployment to a
government is a member, and their legitimate spouses desiring to work in the branch subsidiary affiliate or representative office in the Philippines;
Philippines;
5.) Contractual service supplier who is a manager, executive or specialist and
3.) Owners and representatives of foreign principals whose companies are employee of a foreign service supplier which has no commercial presence in
accredited by the POEA, who come to the Philippines for a limited period and the Philippines:
solely for the purpose of interviewing Filipino applicants for employment a.) Who enters the PH temporarily to supply a service pursuant to a
abroad; contract between his/her employer and a service consumer in the Philippines
b.) Must possess the appropriate educational and professional
4.) Foreign nationals who come to the Philippines to teach, present and/or qualifications; and
conduct research studies in universities and colleges as visiting, exchange or c.) Must be employed by the foreign service supplier for at least 1
adjunct professors under formal agreements between the universities or year prior to the supply of service in the Philippines
colleges in the Philippines and foreign universities or colleges; or between the
6.) Representative of the Foreign Principal/Employer assigned in the Office of
License Manning Agency (OLMA) in accordance with the POEA law, rules and 7.) Grave misconduct in dealing with or ill treatment of workers
regulations

GROUNDS FOR DENIAL OF APPLICATION FOR NEW OR RENEWAL OF AEP 7 ECONOMIC REALITIES

1.) Misrepresentation of facts in the application including fraudulent 1.) The extent to which the services performed are an integral part of the
misrepresentation employer’s business;

2.) Submission of falsified documents 2.) The extent of the worker’s investment in equipment and facilities.

3.) Conviction of a criminal offense or a fugitive from justice in the country or 3.) The nature and degree of control exercised by the employer
abroad
4.) The worker’s opportunity for profit and loss;
4.) Grave misconduct in dealing with or ill treatment of workers
5.) The amount of initiative, skill, judgement or foresight required for the
5.) Availability of a Filipino who is competent, able and willing to do the job success of the claimed independent enterprise;
intended for or being performed by the foreign national based on data in the
PEIS, PRC Registry of Professional and TESDA Registry of Certified Workers 6.) The permanency and duration of the relationship between the worker and
the employer
6.) Worked without valid AEP for more than a year
7.) The degree of dependency of the worker upon the employer for his
7.) Application for renewal with Expired Visa or with Temporary Visitor’s Visa continued employment in the line of business

GROUNDS FOR CANCELLATION/REVOCATION OF AEP EXCLUDED FROM TERMS, CONDITIONS AND BENEFITS:

1.) Non-compliance with any of the requirements or conditions for which the Hours of Work, Weekly Rest Periods, Holidays, SIL, Service Charges:
AEP was issued 1.) Government Employees
2.) Managerial Employees and Managerial Staff
2.) Misrepresentation 3.) Domestic Helpers
4.) Paid by Results
3.) Submission of falsified or tampered documents 5.) Field Personnel
6.) Members of the Family of the employer who are dependent upon
4.) Meritorious objection or information against the employment of the foreign him for support
national
Wages
5.) Foreign national has been convicted of a criminal offense or a fugitive from 1.) Farm Tenancy or Leasehold
justice 2.) Household or Domestic helpers
3.) Homeworkers engaged in Needle-work
6.) Employer terminated the employment of foreign national 4.) Workers in establishments duly registed with the NACIDA
 5.) Workers in duly registered Cooperatives  Any female worker may allocate up to 7 days of said benefits to the
6.) BMBE father of the child whether or not the same is married to the female
worker
 In the death, absence or incapacity of the father, the benefit may be
LEAVES allocated to an ALTERNATIVE CAREGIVER upon the election of the
mother:
A. MATERNITY LEAVE BENEFITS (RA 11210) o Relative within the 4th Civil Degree of Consanguinity
o The current partner of the female worker sharing the same household
Grant (Sec. 3):  In the event the female worker DIES or is PERMANENTLY INCAPACITED,
the balance of her maternity leave benefits shall accrue to the father or
 Covered female workers in the government and private sector to the qualified caregiver.
 Regardless of civil status or legitimacy of the child
 105 days WITH FULL PAY Maternity Leave Credits (Sec. 9):
 Option to extend 30 days WITHOUT PAY
 If she also qualifies as a SOLO PARENT under RA 8972, an additional 15  Maternity leave can be credited as combinations of prenatal and
days WITH FULL PAY. postnatal leave as long as it does not exceed 105 days AND provided that
 MISCARRIAGE or EMERGENCY TERMINATION OF PREGNANCY: 60 days compulsory postnatal leave shall NOT BE LESS THAN 60 DAYS.
WITH FULL PAY
 Must be availed of either BEFORE OR AFTER the ACTUAL period of B. PATERNITY LEAVE (RA 8187)
delivery in a continuous and uninterrupted manner, not exceeding 105
days as the case may be.  Granted to a married male employee allowing him not to report for work
 Granted in EVERY INSTANCE of pregnancy, miscarriage or emergency for 7 days but continues to earn compensation therefor
termination of pregnancy REGARDLESS OF FREQUENCY.  Condition: His spouse has delivered a child or suffered a miscarriage

Public Sector (Sec. 4): C. SOLO PARENTS (RA 8972)

 Same grants under Sec. 3 Definition – Solo Parent (Sec. 3)

 The head of the agency shall be given DUE NOTICE IN WRITING, at least
45 days BEFORE the end of her maternity leave a.) A woman who gives birth as a result of rape and other crimes against
 No prior notice shall be necessary in the event of MEDICAL EMERGENCY chastity even without final conviction. Provided, the mother keeps
but subsequent notice shall be given to the head of the agency. and raises the child

Private Sector (Sec. 5): b.) Parent left solo or alone with the responsibility of parenthood due to
death of spouse
 Same grant under Sec. 3 (Read na lang the process)
 Same notice as in Sec. 4. c.) Parent left solo or alone with the responsibility of parenthood while
the spouse is detained or is service sentence for a criminal
Allocation (Sec. 6): conviction for at least 1 year.
 d.) Parent left solo or alone with the responsibility due to physical
and/or mental incapacity of spouse as certified by a public medical Entitlement to Leave (Sec. 43)
practitioner.
 Victims under this Act
e.) Parent left solo or alone with the responsibility of parenthood due to  PAID leave of Absence up to 10 DAYS in addition to other paid leaves
legal separation or de facto separation from spouse for at least 1 under the LC, Civil Service Rules, extendible when the necessity arises in
year, as long as he/she is entrusted with the custody of the children the protection order.

f.) Parent left solo or alone with the responsibility of parenthood due to E. GYNECOLOGICAL LEAVE (RA 9710)
declaration of nullity or annulment of marriage is decreed by a court
or by a church as long as he/she is entrusted with the custody of Special Leave Benefits for Women (Sec. 18)
children
 A woman having rendered continuous aggregate employment service of
g.) Parent left solo or alone with the responsibility of parenthood due to at least 6 months for the last 12 months shall be entitled to a special
abandonment of spouse for at least 1 year leave benefit of 2 MONTHS WITH FULL PAY based on her gross monthly
compensation following surgery caused by gynecological disorders.
h.) Unmarried mother/father who has preferred to keep and read the
children instead of having others care for them or given them up to WAGE DISTORTION
welfare institution
Definition:
i.) Any other person who solely provides parental care and support to
a child It is a situation where an increase in prescribed wage rate results in the
elimination or severe contraction of intentional quantitative differences in
j.) Any family member who assumes the responsibility of the head of wage or salary rates between and among employee groups in an establishment
the family, as a result of death, abandonment, disappearance or as to effectively obliterate the distinctions embodied in such wage structure
prolonged absence of the parents or solo parent. based on skills, length of service or other logical bases or differentiation

Flexible Work Schedule (Sec. 6) Elements:

 Employer shall provide 1.) Existing hierarchy of positions with corresponding salary rates
 Should not affect the individual and company productivity 2.) Significant change or increase in the salary rate of a lower pay class
 Employer may request exemption from DOLE on meritorious grounds without a corresponding increase in the salary rate of a higher one
3.) The elimination of the distinction between the 2 groups or classes
Parental Leave (Sec. 8) 4.) The distinction exists in the same region

 In addition to leave privileges under existing laws LABOR RELATIONS

 Not more than 7 working days every year
 Must have rendered service for at least a year STRIKES AND LOCKOUTS

D. BATTERED WOMAN LEAVE (RA 9262) Procedural Requisites of a Strike: (GN-VR-CS)

 b. Declaring a strike or lockout without first having bargained collectively or
1.) Based only on valid and factual grounds either a CBD (economic) or without first having filed the required notice or without the necessary strike or
ULP (political) lockout vote first having been obtained and reported to the Regional Branch of
the NCMB.
2.) Notice of strike or lockout must be filed with the NCMB-DOLE:
a. At least 30 days from the intended date – CBD c. Declaring a strike or lockout in defiance of a cease-and-desist order, or an
b. At least 15 days from the intended date – ULP order for the striking employees to return to work and for the employer to
accept the workers after assumption of jurisdiction by the President or
3.) A strike vote must be taken where a majority vote of the members of Secretary of Labor and Employment, or after certification or submission of the
the union must approve it, by secret ballot in a meeting called for dispute to compulsory or voluntary arbitration, or during the pendency of a
that purpose; or a lockout vote must be taken by a majority of the case involving the authorized grounds for the strike or lockout.
Board members of a corporation, partners in a partnership approving
it obtained by secret ballot in a meeting. d. Obstructing, impending or interfering with by force, violence, coercion,
threats or intimidation any peaceful picketing by employees during any labor
4.) A strike or lockout report should be submitted to the NCMB-DOLE at controversy or in the exercise of their right to self-organization or collective
least 7 days before the intended date of the strike or lockout subject bargaining or aiding or abetting such obstruction or interference.
to the cooling-off period
e. Employing any strike breaker or being employed as a strike- breaker.
5.) The cooling off period must be fully observed except in cases of Union
Busting (ULP) f. No public official or employee, including officers and personnel of the Armed
Forces of the Philippines, of the Philippine National Police, or any armed
6.) The 7-day waiting period or strike ban after submission of the strike person shall bring in, introduce or escort, in any manner, any individual who
or lockout vote to the NCMB-DOLE should be fully observed in all seeks to replace strikers in entering or leaving the premises of a strike area, or
cases including union busting. work in place of strikers.

Six Factors Affecting the Legality of Strike (SSPLIA) Nothing herein shall be interpreted to prevent the aforementioned officials,
employees or peace officers from taking any measure necessary to maintain
1.) Statutory Prohibition peace and order and/or to protect life and property.
2.) Strict Compliance with Procedural Requirements of Law
3.) Purpose must be ULP or Economics g. Stationary picket and the use of means like placing of objects to constitute
4.) Lawful means and lawful methods permanent blockade or to effectively close points of entry or exit in company
5.) Injunction; and premises.
6.) Agreement of the Parties
h. Any act of violence, coercion or intimidation by any picketer.
Prohibited Activities under Art. 279 and the NCMB Primer:
i. The obstruction of the free ingress to or egress from the employer’s premises
a. Declaring a strike or lockout on grounds involving inter- union and intra- for lawful purposes.
union disputes or on issues brought to voluntary or compulsory arbitration.
j. Obstruction of public thoroughfares while engaged in picketing.
 2.) Redundancy:
a. Superfluous positions or services of employees
b. Positions or services in excess of what is reasonably demanded
by the actual requirements of the enterprise to operate
c. Good faith in abolishing redundant positions
d. Fair and reasonable criteria in selecting employees to be
terminated
e. Adequate proof of redundancy
TERMINATION BY EMPLOYER (JUST CAUSES)
3.) Retrenchment or Downsizing:
Art. 297: a. Must be reasonably necessary and likely to prevent business
loses
1.) Serious misconduct or willful disobedience by the employee of the b. Losses, if already incurred, must be substantial, serious, actual
lawful orders of his employer or representative in connection with his and real; if expected, must be reasonably imminent
work. c. Losses must be proved by sufficient and convincing evidence
d. In good faith and best interest
2.) Gross and habitual neglect by the employee of his duties
4.) Closure or Cessation of Operation:
3.) Fraud or willful breach by the employee of the trust reposed in him a. Decision is done by management
by his employer or duly authorized representative b. Good faith
c. No other option
4.) Commission of a crime or offense by employee against the person of
his employer or any immediate member of his family or his duly 5.) Disease:
authorized representative; a. Employee must be suffering from a disease
b. Continued employment is prohibited by law or prejudicial to his
5.) Loss of Confidence in Managerial Employees or those who, by their health as well as that of the co-employees
functions, regularly handle significant amounts of money or property c. Certification by a competent public health authority that such
disease is incurable within a period of 6 months even with
6.) Other causes analogous to the foregoing proper medical treatment

AUTHORIZED CAUSES 6.) Other Causes:

a. Reasonable and lawful grounds under company policies
1.) Installation of Labor-Saving Devices: b. Use of drugs
a. Introduction of machinery and equipment c. Sexual harassment
b. In good faith d. CBA
c. For the purpose of saving costs and enhancing efficiency and
other justifiable economic reasons
d. No other option available to the employer
e. Fair and reasonable criteria in selecting employees’ termination