Friday, May 4, 2012 http://aquinas-pd5.blogspot.com/2012/05/history-of-child-labor-in-philippines.html

History of Child Labor in the PhilippinesChild labor in the Philippines has been a problem since the early twentieth century. However in 1946 the Philippines claimed its independence from American Rule and became a Republic (The Philippine Campaign). This allowed the Philippines to make their own child labor laws. One significant law was the power of the Secretary of Labour to grant a special work permit for the employment of a child whose employment is otherwise prohibited (The Philippine Campaign). This allowed any child to work. In the years 1953 and 1960, the Philippines ratified three international conventions adopted by the International Labour Organization (ILO), relating to child labour (The Philippine Campaign). These conventions made laws that prohibits the employment of children in industry during night time, fixes the minimum age of employment for industry at 15 years but allowed younger children to be employed in undertakings in which only members of the employer's family are employed, provided that such work are not dangerous to the life, health or morals of the children employed, and requireed the medical examination of children as a pre-requisite to employment and their subsequent re-examinations (The Philippine Campaign).

Even with these laws in affect child labor continues to be a problem in the Philippines. Poverty is the main reason due to which children under the age of 18 years are compelled to work in dangerous and life threatening conditions (Child Labor in Philippines). The work that the children have to do range from agricultural, to production, to service trades. These dangerous conditions consist of environmental, chemical, ad physical hazards (Aldaba, Lanzona, and Tamangan). Children in agriculture are exposed to heavy loads, chemicals used for fertilizers and pesticides. (The Philippine Campaign). Factory child workers risk other injuries and death from accidents caused by modern machineries and from the lack of protective mechanisms (The Philippine Campaign). These all seriously affect the lives of these children.

While many people believe the issues of child labor in the Philippines are due to political or economical issues, they are actually do to social issues. There are long standing work and ethical traditions that are followed within Filipino communities. One centuries old tradition is that children are impelled to work from an early age because they must work to compensate as much as possible for the economic burden that they put on the family (The Philippine Campaign). This shows that despite laws preventing child labor, Filipino communities feel that it is ethically important to have children work. Another reason why children work is the failures in the education system(The Philippine Campaign). Instead on mandating that all children must go to school, the Filipino government allows the families to decide. Most families would rather have their children working and bringing in an income, than going to school.

The Transformation of Labor-Management Conflictshttp://www.beyondintractability.org/bi-essay/transformed-conflictByChristopher Honeyman July 2003

No conflict continues forever. It may seem surprising to anyone who is caught up in an intractable conflict, but "intractable" conflicts become "tractable" all the time. It may be helpful to consider an example of a well-known and even epochal intractable conflict that, over time, became manageable.

Less than a hundred years ago, conflict between labor and management was widely seen as intractable, and indeed as demanding a wholesale reformulation of society. Long after Karl Marx published The Communist Manifesto, regular clashes between employers and unions in Britain and the United States, as well as in almost all other industrialized countries, were widely thought of in terms of an on-going contest on a national or international level. It would be fair to describe that contest as an intractable conflict between entrenched forces of ownership and capital on the one side, and the emerging forces of organized labor on the other.

In Russia that conflict played out on the scale that a massive, society-wide intractable conflict seems to imply — and in China, North Korea, and Cuba the echoes continue to reverberate. Furthermore, at least through the 1930s there was widespread fear in the West that what was seen as an enduring, all-but-irresolvable conflict between labor and management would erupt into revolution, or alternatively, into an attempt at revolution followed by ruthless oppression according to a Fascist model.

Obviously, this outcome did not occur. Instead, the United States and European countries began to evolve systems, structures, and legal rights governing this area of human relationships, which did not resolve all of the tensions between labor and management, but at least provided some protections for workers, and made the tensions manageable.

A century of labor history is too complex and too convoluted even within any one of these countries to be captured here in anything but generalities. But there may be lessons for other kinds of intractable conflicts in the sequence with which statutes and systems evolved, and ultimately converted the intractable conflict of workers versus employers into a routine, manageable series of regional or local disputes.

In the U.S., unemployment compensation, worker's compensation for employees injured on the job, and the beginnings of pension rules began to appear in individual states by the early 1900's. These forms of statutory protection were attained first, it seems, because protections for aged, injured or discarded workers were inherently less controversial than the right of workers to organize in groups. Yet these initial forms of protection served as a basis for further social change, and the political experience that unions gained in fighting for these less controversial rights was probably an essential prerequisite to their later ability to rise in influence within, rather than in opposition to, the political system.

The tumultuous 1930s saw the emergence of the all-important statutory right to organize for industrial workers. Yet it was only during World War II, during a period when the federal government asserted extraordinary power over labor relations (by creating a War Labor

Board whose officers could not only mediate, but also arbitrate industrial disputes) that large employers truly became accustomed to collective bargaining, and learned to live with it.

In the U.S., a period of union success following World War II saw union membership rise to half or more of the employees in large private enterprises. This period culminated with the beginning of successful organizing of public-sector workers. Since the mid-1970's, however, union membership in the private sector, not only in the U.S. but also in most northern European countries, has dropped dramatically. Still, the underlying rights have not been abolished, though in the public sector, a vigorous conservative movement has led (ca. 2011-13) to sharp reductions in the scope of unionization in some surprising places, such as the longtime union strongholds of Michigan and Wisconsin.

While unions argue vehemently that employer intimidation is the cause of their decline in membership, employer tactics were arguably more brutal during the period of greatest union success. An alternative explanation for declining employee interest in unionization may be employers' recognition that there is only so far they can go in taking advantage of non-union employees before those employees will once again press to be represented by a union. Thus the unionized companies, albeit smaller in number, continue to indirectly influence the wages and working conditions at non-union firms.

The result of this effect is that a relatively stable set of arrangements has been arrived at in many industrialized countries. The statutory and practical details of any given element of these arrangements varies quite widely from one country to the next, but the general pattern is that employees have the right to organize unions, throughout much of the economy if not all of it; that a number of employee and retiree welfare provisions are enacted by statutes, and are applicable to non-union as well as to unionized firms; and that over time, an increasing number of rights to protection against adverse treatment (based initially on union activity, and later on race, gender, and other grounds unrelated to work performance) have become enacted into law. Along with these rights have come a dizzying variety of legal, administrative agency, mediation, and arbitration systems for resolving the disputes which inevitably arise over whether these rights have been violated in one instance or another.

The progression of workers' rights has been a patchwork affair, in which worker groups have suffered many reverses. And there continue to be plenty of disputes, some small, others on a large scale — such as a temporary shutdown of all U.S. West Coast ports, or a Europe-wide disruption of air traffic caused by a French air traffic controllers' strike. But even though in every industrialized country, labor and related disputes occur by the thousands, very few people today believe that a revolution or an attempt at revolution based on the treatment of workers and their families by management and owners is a realistic possibility, in the United States or any European country that has developed these systems.

In effect, the single intractable conflict that once seemed to exist between labor and management has evolved into a whole series of "ordinary conflicts pursued under ordinary rules." Most would argue that labor-management conflict has seen a great deal of progress, and the patterns by which this progress has occurred — particularly, its two-steps-forward, one-step-back history and its pronounced national and even local variations — may suggest likely expectations for how other intractable conflicts may be brought to "manageability."

Conflict Resolution In South East Asia International Law Essayhttp://www.ukessays.com/essays/law/conflict-resolution-in-south-east-asia-international-law-essay.php

AbstractThe essay presents the Singaporean conflict management model by discussing its legal system as well as its mediation mechanisms. Using the “ASEAN Way” of managing conflict as framework for contextualization the application of the Singaporean model to the Philippine setting is explored.

IntroductionWith stable political and legal institutions and a functioning framework for the rule of law, Singapore has been steadily gaining recognition worldwide as a “neutral, reliable country for alternative dispute resolution” (Singapore Management University 2009, 1). The Singapore Management University (2009, 1) defines dispute resolution as a “broad field of practice and inquiry covering principally non judicial forms of settlement”. Driven by the concern for low cost and user friendly conflict resolution processes, the field emerged as an alternative to settling conflicts through the formal justice system.Primarily, the essay aims to discuss an aspect of dispute resolution in the Singaporean context. In particular, it will present the mechanics of mediation in Singapore with emphasis on non court annexed processes. In order to substantiate the discussion of alternative dispute resolution channels, the Singaporean legal system is first presented to the reader. The section on the legal system in Singapore is then followed by a discussion of the mediation process. This is done to facilitate the comparison between the mainstream, legal procedures of resolving conflicts and the alternative modes of dispute resolution.Following the presentation of conflict management in Singapore, conflict dynamics and resolution is discussed from a regional perspective by threshing out the “ASEAN Way” of handling conflict. The section is included to situate the Singaporean methods of conflict resolution within a broader South East Asian context. Contextualization is necessary in order to achieve the secondary aim of the essay, which is to determine how these modes maybe applied in the Philippine setting (if they can be applied at all). It is argued that cross-country analysis is more effective if undertaken within a framework that takes into account the socioeconomic, political and cultural factors of the countries examined. It is along the parameters outlined by the framework that the degree of applicability of the Singaporean conflict management mechanisms in the Philippine context is discussed in the final section of the paper.The Singaporean Legal System: An OverviewSingapore considers Sir Thomas Raffles of the British East India Company as its founding father. In the early nineteenth century, the Sultan of Johore and Temenggong ceded Singapore to the British. In 1826, the court system was established and until 1890, English

Law was applicable to the settlement subject to local legislation and considerations of local religions, manners and customs (Chang 2004, 1-2).During the Second World War, the colony was subjected to Japanese occupation. However, no significant legal changes were recorded during the brief period of Japanese rule. The year following, the Straits Settlements was disbanded by the Straits Settlements Repeal Act of 1946 and Singapore became a separate crown colony with its own constitution. Until its merger with North Borneo and the existing states of the Federation of Malaysia in 1963, the State of Singapore governed itself internally. By its membership in the Federation, Malaysian federal legislation was applied until its expulsion in 1965. On August 9, 1965, the state became an independent republic with the Parliament of the Republic of Singapore enacting legislation to which the general reception of English Law is subjected.Goh (2004,1) notes that Singaporean Law is largely derived from the English Common Law system. Law sources are either written (enacted by a body with legislative powers) or unwritten (from legal precedents and customary law).The British influence is evident not only in the country’s legal system but also in the way its political system is structured. Singapore adopts a modified variant of the Westminster Parliamentary system (Thio 2004, 1). The constitutional government is premised on the separation of powers among the executive, legislative and judicial branches of government, the rule of law, and the principle of secularity. The President is the elected ceremonial head of state. As the executive, he acts in accordance with the advice of the Cabinet in general. A unicameral parliament is vested with the powers and responsibilities of legislation, while judicial power rests in the Supreme Court and all other subordinate courts recognized by law.Thio (2004, 15) defines judicial power as the “power to strike down unconstitutional acts”. The courts are mandated to protect constitutional liberties, and to define and uphold the constitutional limits to government powers. Although implicit in the concept of judicial power, judicial review in Singapore “maybe restricted or excluded by statutory ouster and limitation clauses” (Thio 2004, 16). The assertion by Thio (2004, 16) perhaps validates the observation of scholars that the Singaporean legal system tends to take the dominant approach towards the adjudication of constitutionally-granted liberties. The system prizes “community or statist values to buttress public goods over rights” (Thio 2004, 17).The civil litigation process begins with the interlocutory stages marked by case preparations by both parties. It is also during this stage that the aggrieved party can obtain interim remedies where applicable. The proceedings may be resolved prior to trial or terminated at an early stage due to default or summary judgments. The case may also be “struck out” if the court finds its causes unreasonable and abusive. The process may also be discontinued if one or both parties choose to withdraw from or stop the proceedings. The following stage is the trial during which the action submitted is fully adjudicated. Post trial proceedings may include the determination of costs, appeals and/or the enforcement of the court-rendered decision (Pinsler 2004, 1-11).In criminal procedures, the Attorney General acts as the Public Prosecutor and upon his/her behest may exercise his/her power to begin, undertake and/or terminate “any proceedings for any offence in Singapore” (Marie 2004,1). Criminal proceedings are commenced by criminal investigations conducted by any of the several enforcement agencies in Singapore. Pre-trial procedures include first mentions, pre-trial conferences, preliminary inquiries and bail applications. It is also during this stage that charges against the accused maybe withdrawn. Assuming that the charges are not withdrawn, the proceedings continue with the trial. Sentencing then follows, with the option to appeal made available to both the plaintiff and the defendant (Marie 2004, 1-11).

Mediation in SingaporeThe previous section provided an overview of the Singaporean legal system. It discussed the historical evolution and sources of Singaporean law as well as a general background of the country’s judicial procedures in resolving conflict. It can be argued that although the Singaporean courts are some of the most efficient in the world, conflict resolution through legal channels generally remains to be burdensome and costly. Additionally, conflict management through adjudication is often a zero sum game where one’s gain necessitates another’s lost. It can be observed that generally, in such a set-up, parties are forced to thresh out issues and find options within an antagonistic environment. These assertions and observations provided the platform upon which mediation in Singapore rose into prominence.Mediation in Singapore began just recently, during the middle of the 1990s. The field is broadly divided into court connected mediation, mediation in tribunals, government departments and agencies, and other professional and trade bodies. The Singapore Courts Mediation Model is “created with the diverse ethnic and cultural backgrounds of Singaporeans, and present day social conditions in mind” (Onn 2005, 2).Although, a discussion of court connected mediation maybe interesting, the essay limits itself to presenting non court annexed mediation processes in Singapore. Furthermore, focus is given to mediation in professional bodies, specifically, the Singapore Mediation Center (SMC).Incorporated on August 1997, implicit in the SMC’s mission statement is the aim to maintain a harmonious society by creating an environment conducive for constructive problem solving and conflict management. Perhaps it can be noted that mediation in the SMC’s context is facilitative. It serves as a venue by which antagonism among parties is transformed into a willingness to look for options that are mutually satisfying to the parties concerned. In a survey conducted by the SMC, it was found out that that the disputants’ and their lawyers’ behavior plays a significant factor in determining the outcome of the mediation process. Consequently, their behavior is influenced by the mediation environment and the perception of the mediator’s neutrality (Onn 2005, 5-9).The SMC often handles corporate mediation cases such as banking, construction, contractual, shipping, IT and employment disputes. Occasionally, it also mediates cases of contested divorces, family and tenancy disputes and personal injury claims. From the bulk of cases handled by the center, it can be asserted that it is positioning itself to be the premier mediation institute offering its services to the thriving business community not just in the country but in the region as well.Onn (2005, 9) claims that commercial mediation in Singapore is “influenced by Alternative Dispute Resolution (ADR) movements and practices from countries like USA and Australia”. However, unlike the “western” models of dispute resolution, the Singaporean mediation model is “facilitative” (Yong Pung How in Onn 2005, 11). Embedded in the model is the primacy given to the interests of the community and the collective good. Additionally, the mediation model also takes into consideration the concept of “face” (may be loosely equated with the concept of shame) in the Asian context. These socio-cultural factors that take into play during the mediation process (or any conflict management process, for that matter) in the Singaporean context is discussed within the broader Southeast Asian context by examining the conflict management strategies of a regional organization, the Association of South East Asian Nations or ASEAN.

Managing Conflict the ASEAN Way

Although far from being a homogenous region, the shared values and culture of South East Asia provided the basis for a collective identity that is instrumental to the formation of the Association of South East Asian Nations or ASEAN (Goh 2003, 113-114). Formalized in Article 2 of the Treaty of Amity and Cooperation, the regional organization operates on the following basic principles:Respect for the sovereignty and territorial integrity of all nationsNon-interference in the internal affairs of one anotherSettlement of disputes by peaceful meansRenunciation of the threat or use of forceIt can be argued that even though the ASEAN is a largely political organization, its conflict resolution mechanisms dubbed by scholars as the “ASEAN way” is helpful in providing a macro perspective of how conflict is played out and resolved in the region. A discussion of the “ASEAN way” is helpful in framing the applicability of conflict resolution procedures in Singapore to the Philippine setting with commonalities in shared values and culture as the main points of reference. The bent of the argument is primarily socio-cultural. It is founded on the premise that to some extent Asian cultures are non confrontational and collectivist in orientation.The non-confrontational characteristic of most Asian cultures, it is argued is the cornerstone of the “ASEAN way”. Scholars note that the “ASEAN way” is founded on the principle of non-interference (Tay 2001, Kraft 2000 in Goh 2003, 114 and Swanstrom 1999, 96). Goh (2003, 14) argues that the principle of non-interference is the “key to the collective identity of the ASEAN”. Disputes in the region are handled taking into consideration the concepts of musyawarah (consultation) and muafakat (consensus). It may be noted that implicit in these concepts is “the practice to agree to disagree for latter settlement” (Swanstrom 1999, 96). In addition to the region’s collectivist orientation, the default social etiquette is that of social considerateness and harmony. Further, it is asserted that the concepts of musyawarah and muafakat are corollary to the Asian value of “saving face”. To prevent lost of “face” during and after conflict, consensus building mechanisms are employed and conciliatory activities are undertaken.The “ASEAN way” is evident in the dynamics and conflict resolution strategies used in attempting to resolve the South China Sea territorial conflicts among Vietnam, Indonesia, the Philippines and China. In resolving the South China Sea conflicts, formal and non-formal, bilateral and multilateral negotiation mechanisms are used. Formal negotiations are those whose agenda and results are presented to the public. Informal negotiations do not publicly disseminate the agenda and results of the negotiations, nor even the very existence of the negotiation itself (Swanstrom 1999, 93-125).Formal negotiations yielded little to no results due in part to the reluctance of China to participate in the formal negotiation process. However, when informal negotiations were undertaken, Swanstrom (Swanstrom 1999, 110) notes that “confidence between the disputants increased” and “parties could at least agree that a resolution to the conflict would not be easy”. Perhaps, it can be asserted that the Asian concept of “face” plays a role in the degree of productivity of the negotiations. Parties seem reluctant to resolve conflict in a formal negotiation setting may be because of the public nature of the method. Formal negotiation entails public coverage, as a consequence, increasing the exposure of the conflict and its parties. The gains as well as the losses of each party are highlighted and presented for public scrutiny. Hence, participation in the negotiation processes is to some extent tempered with considerations of “face” and image. However when parties came together via informal channels, the privacy that it affords allow them to freely discuss options without fear of public reprisal. The “face” is protected from shame while consultations for consensus are conducted.It is within this collectivist and non confrontational context that we seek to examine the applicability of the conflict resolution mechanisms of Singapore to the Philippine setting. The essay will try to present what may work and what may may not, given the commonalities and differences between the countries.

Comparing the Singaporean and Philippine Legal SystemsThe Singaporean legal system is based largely upon the British tradition while the Philippine legal system borrows heavily from the precedents set forth by the American judicial structure. Despite these differences however, we can still present an analysis of judicial arbitration in Singapore and in the Philippines as a method of conflict management. For the purposes of the essay, the application of the judicial role in safeguarding constitutional liberties serves as the main point of comparison.The legal systems of both countries are considered by their respective constitutions as the defender of constitutional guarantees as well as the arbiter of conflicting rights and responsibilities. Singaporean courts are given the role in safeguarding constitutional liberties such as the right to life and liberty, prohibition against slavery and forced labor, protection against retrospective criminal laws and repeated trials, among others (Thio 2004, 16). Similarly, Philippine courts are also given the jurisdiction and the duty to enforce these rights.Although judicial review is exercised in Singapore, Thio (2004, 1-2) observes that the approach towards the constitutional adjudication of liberties has a statist bent. Judicial decisions are often in favor of the community values, elevating the public good over individual rights. It can be argued that statist values take primacy because the Singaporean state works efficiently and effectively. Further, modern Singapore’s founding father, Lee Kuan Yew asserts that the effectiveness of the Singaporean state is in part attributable to its utilization and maximization of Confucian values which are collectivist in orientation. Hence, conflict resolution through legal channels in Singapore tends to favor communitarian interests over individual concerns.In the Philippines, it can be argued that the courts often try to strike a balance between the interests of the state and the rights of the individual. In addition, individual rights appear to take primacy to some extent perhaps because of public aversion against the idea of a dominant state brought upon by the country’s experience with Martial Rule. Additionally, there is a disconnection between the Philippine state and its citizens brought about by a dysfunctional political structure and a transactional political culture. Although the legal system appears to favor individual rights, in practice “lengthy delays and the lack of access to counsel often impairs the effectiveness of these guarantees” (Asia Law Initiative 2006, 21).Given all these, what can perhaps be applied in the Philippine system are the reforms that can make it as efficient as the Singaporean legal system. As suggested by the Judicial Reform Index (Asia Law Initiative 2006, 1-3), reforms targeting case backlog and clearance rates, case filing and tracking systems, distribution and indexing of current laws, and infrastructure need to be undertaken to improve conflict resolution via legal channels.

Singaporean Mediation Practices in the Philippine SettingAs the country positions itself as the center for alternative dispute resolution in the Asia Pacific, mediation in Singapore is largely professional and commercial. As previously discussed, the Singapore Mediation Center is one of the leading providers of conflict management services. The Philippines has a somewhat analogous organization, the Mediation Network in the Philippines, a loose organization of trained mediators. However, mediation in the country has not reached mainstream status.

Although professional mediation in the country is still a developing field of expertise, it can be asserted that some aspects of the Singaporean mediation model is applicable to the Philippines. As asserted by Yong Pung How in Onn (2005, 11), the Singaporean mediation model is largely facilitative in a way that it considers the Asian value of “face” in its proceedings. This model to an extent is applicable in the Philippines as Filipino culture is less confrontational. “Managing conflict in a direct manner is seen to be impolite, disrespectful, and selfish” (Sta. Maria in Batistiana n.d.). However, Filipino culture tends to focus on the relational and affective aspects of the conflict. Sta. Maria (in Batistiana n.d) notes that mediation in the country works best if the mediator is seen as a respected member of the intergroup. There is an aversion to outside intervention in conflict situations. Hence, for professional mediation to thrive in the Philippine setting, the mediator must be able to build the trust and confidence of the parties in conflict. Additionally, an effective mediation model is one that is able to separate the person from the issue and emotions from fact. The non-confrontational nature of most Asian countries including the Philippines and Singapore calls for a mediation model that allows for great use of non verbal messages and is sensitive to the highly contextual style of communication.

ConclusionsThe essay presented the modes of managing conflict in Singapore by briefly discussing its legal system as the mainstream channel for resolving conflict and professional mediation as its alternative. By utilizing the “ASEAN Way” as a broader framework of analysis, the applicability of these models in the Philippine setting is examined taking into consideration the social, economic, political and cultural differences and similarities of both countries.Although some fundamental differences exist between the two countries, the Philippine legal system can learn the efficiency mechanisms that its Singaporean counterpart adeptly practices. However, it is asserted that a statist approach to the adjudication of constitutionally-granted rights is subject to qualification in the Philippine setting given the country’s experiment with a dominant state during the Marcos era.The Singaporean model recognizes and embeds in its mediation practices the value of “saving face” during and after conflict situations. This aspect is applicable in conflict mediation in the Philippine context given that both countries share regard for the value. Yet, professional mediation in the Philippines has not yet reached the Singaporean level perhaps because of the preference of Filipino culture to resolve conflict within the group setting.Given all these, the applicability of the various modes of conflict resolution in other contexts are dependent on the customization of the general principles of conflict management to fit the social, political, and economic peculiarities of the setting in mind.Need an essay? You can buy essay help from us today!

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DOLE-PNP-PEZA Question and Answer 1. What is the Joint DOLE-PNP-PEZA Guidelines?

The Joint DOLE-PNP-PEZA Guidelines or Joint Guidelines refers to the Joint DOLE-PNP-PEZA Guidelines in the Conduct of PNP Personnel, Economic Zone Police and Security Guards, Company Security Guards and Similar Personnel During Labor Disputes, which was jointly issued by the DOLE, PNP and PEZA on 23 May 2011 to ensure proper coordination in responding to cases of a strike/lockout/picket or any labor dispute within or outside the economic zones.

2. What agency has the jurisdiction on resolving labor dispute?

The Department of Labor and Employment (DOLE) has sole and exclusive jurisdiction in resolving labor disputes. Its attached agency, the National Conciliation and Mediation Board (NCMB), exercises primary jurisdiction in the resolution of strikes, picketing or lockout or any labor dispute through conciliation-mediation.

3. May the PEZA or PNP personnel intervene to resolve a labor dispute?

Philippine Economic Zone Authority (PEZA) may intervene, in close coordination with the DOLE, to resolve a labor dispute in the economic zones through conciliation-mediation. The Philippine National Police (PNP) or any of its personnel has no authority to resolve labor dispute or determine whether a strike/lockout/picket is legal or illegal. The PNP is confined to ensuring or maintaining peace and order.

4. What labor disputes are covered by the Joint DOLE-PNP-PEZA Guidelines?

It covers strikes, lockouts, picketing or 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.

5. Where is it applicable?

If the mobilization of PNP peacekeeping assistance is in relation to a strike/lockout/picket or any labor dispute, the Joint DOLE-PNP-PEZA Guidelines applies regardless of location, whether it is inside or outside the economic zone area.

6. What is the role of the PNP in strikes/lockouts/picketing or any labor disputes?

The PNP is limited only to the maintenance of peace and order, enforcement of laws and implementation of legal orders of the duly constituted authorities during strike, lockout, picketing or any labor dispute. It can be requested to render peace-keeping assistance during labor disputes through a written request course through the DOLE.

7. Who can mobilize PNP peace-keeping assistance during a strike/lockout/picket or any labor dispute?

The DOLE, or PEZA in coordination with the DOLE, or the parties to a labor dispute, may request for PNP peace-keeping assistance during a strike/lockout/picket or any labor dispute, subject to the requirement of the Joint Guidelines.

8. How should the request for PNP peace-keeping assistance be made?

Any request for assistance shall be made through the DOLE. A written request from the DOLE and/or its Regional Office is required in mobilizing PNP peace-keeping assistance during strike/picket/ lockout or any labor dispute. The request shall be made to the PNP Regional Director, Provincial Director, or City Police Director, and shall specify the acts to be performed or conducted by the PNP Team.

Parties to the dispute may request for assistance but the same is required to be in writing and coursed through the DOLE, or through PEZA in coordination with the DOLE, if the dispute is inside an economic zone area.

9. May the Economic Zone Police be mobilized as a peace-keeping assistance team during a strike/lockout/picket or any labor dispute inside the economic zone?

Yes. The Economic Zone Police together with the PEZA Security Guards, upon a written request from the DOLE and/or its Regional Office, may be formed into a peace-keeping team to ensure peace and order. The request shall be made to the Head or Responsible Officer of the concerned economic zone.

10. Who may request for Economic Zone Police peace-keeping assistance other than the DOLE in case of a strike/lockout/ picket or labor dispute inside the economic zone?

Labor groups or the company management may request for Zone Police assistance through the Economic Zone Office where the labor dispute is located. The Economic Zone Office shall coordinate the request with the DOLE and/or its Regional Office.

11. When can the PNP or Economic Zone Police/PEZA Security Guards respond strike/picket/lockout or any labor dispute without a written request from DOLE?

In case of actual violence in the area where the strike/picket/lockout or any labor dispute is, the PNP or Economic Zone Police/PEZA Security Guards can respond even without a written request from DOLE. But it shall immediately coordinate such response to the nearest DOLE and/or PEZA Office.

12. Where shall the PNP or Economic Zone Police/PEZA Security Guards be stationed in the exercise of their peace-keeping functions during picket/strike/lockout or any labor dispute?

The PNP or Economic Zone Police/PEZA Security Guards shall stay outside the 50-meter radius from the picket/strike/ lockout area in the exercise of their peace-keeping functions.

13. Who shall maintain the traffic if the 50-meter radius includes a public thoroughfare?

Traffic police shall ensure the free flow of traffic in case the 50-meter radius includes a public thoroughfare.

14. What shall the members of the PNP or Economic Zone Police/PEZA Security Guards peace-keeping team observe in exercising peace-keeping functions?

In the exercise of their peacekeeping functions, PNP personnel or Economic Zone Police/PEZA Security Guards shall at all times be in proper uniform, without lethal weapons and firearms, and with properly displayed nameplate. The peacekeeping team shall:

a. Exercise maximum tolerance and when called for by the situation or when all other peaceful and non-violent means have been exhausted, may employ as a last resort only such means as may be necessary and reasonable to prevent or repeal an aggression;b. Observe courtesy and strict neutrality, bearing in mind that the parties to the labor dispute are not their adversaries but their partners in the quest for industrial peace and human dignity;c. Not deliberately inflict any physical harm upon strikers and/or picketers or any person involved in the strike/lockout;d. Not fraternize with any of the parties involved in the controversy, and shall not accept any invitation from management personnel or union officials/personnel involved in the controversy;e. Ensure that the strike-bound area, which is inside the 50-meter radius, is gun-free zone, to include civilians and police personnel; andf. Respect the Constitutional guarantee on the right of the people to be secured from unreasonable searches and seizures.15. When can the PNP peace-keeping team step inside the 50-meter radius from the picket/strike/lockout area?

In case of actual violence arising from or not related to the labor dispute, the PNP peace-keeping team can step inside the 50-meter radius.

16. What is the DOLE Inter-Agency Coordinating and Monitoring Committee (ICMC) for labor dispute?

The DOLE Inter-Agency Coordinating and Monitoring Committee (ICMC) at the national or local level is to be composed of DOLE, NCMB and National Labor Relations Commission (NLRC) as core members. With DOLE Administrative Order No. 125, Series of 2012, issued on 27 February 2012, a Regional Inter-Agency Coordinating and Monitoring Committee (RICMC) may be created by the DOLE Regional Consultative Council (RCC), motu proprio or upon a recommendation by the NCMB Regional Branch. It may be case specific or permanent, if warranted.

The RICMC shall be headed by the DOLE Regional Director and shall have as core members the National Conciliation and Mediation Board (NCMB), National Labor Relations Commission (NLRC), and Philippine National Police (PNP). The Philippine Economic Zone Authority (PEZA) in case of a labor dispute inside the economic zone, and the Metropolitan Manila Development Authority (MMDA) or similar authority in other areas, in case of a labor dispute that will affect public transportation or public thoroughfares, shall be included in the RICMC.

Elected workers’ and employers’ representatives of RTIPC may also be invited to join the RICMC. The RICMC membership may be expanded, on a case to case basis, to include the other members of the RCC, local government unit, local chambers of commerce, NGOs and other relevant agencies or stakeholders, when necessary.

17. What shall the ICMC/RICMC do to ensure the implementation of the Joint Guidelines?

The ICMC/RICMC shall take the lead to explore all remedies and avenues necessary and feasible to peacefully settle a potential or actual strike, picket or lockout or any labor dispute. It shall undertake the following:

a. Coordinate, when appropriate, with other government agencies, local government unit and other relevant stakeholders;b. Identify issues and recommend possible solutions/options to the parties to the labor dispute;c. Mantain an open line of communication with management and workers’ representatives through social dialogue and exhaustive conciliation-mediation towards the immediate settlement of the labor dispute alongside or with the NCMB as the lead agency;d. Identify the respective roles of the members of the ICMC/RICMC, including assigning a spokesperson to handle media-related affairs and establishment of a command center in the strike area where the RICMC may convene;e. Ensure observance of the Joint DOLE-PNP-PEZA Guidelines; andf. Facilitate a Tripartite Social Accord to govern the conduct of all parties involved in a particular labor dispute pursuant to Section VII of the Joint DOLE-PNP-PEZA Guidelines, which provides:

o Enforcement of non-entry of scabs or individuals to replace strikerso Enforcement of free ingress to and egress from employer’s premiseso Where the company involved in a strike or lockout is located inside a mall, hotel or premises of a business enterprise, designation of a decent and reasonable space for peaceful picketing and for strike/picket paraphernaliao Safety from undue destruction of strike/picket paraphernaliao Duty/responsibility of the union to lift the picket/strike after a lawful order, and dismantle and remove the picket/strike paraphernalia from the area

The ICMC/RICMC, upon an assessment made by the NCMB, may recommend to discontinue/withdraw the PNP peace- keeping team in the strike/lockout area.

18. How is maximum tolerance ensured?

The PNP in the ICMC/RICMC shall work closely with the PNP personnel on the ground or with the peace-keeping team in ensuring that maximum tolerance and the Joint DOLE-PNP-PEZA Guidelines is observed to ensure peace and order in the strike/lockout area.

19. What should be observed in the service of lawful orders or writs issued by DOLE, courts or duly constituted authorities?

The DOLE Sheriff shall coordinate and dialogue with the workers and management before the service of DOLE Order or Writ. The Sheriff shall coordinate with the PNP when violence is imminent. When the Order/Writ is to be served inside an economic zone, the DOLE Sheriff shall coordinate with the Economic Zone Office.

20. What is the difference between public economic zones and private economic zones?

Public economic zones are established and maintained by the government though the Philippine Economic Zone Authority (PEZA) while private economic zones are established and maintained by private individuals/enterprises.

21. Does PEZA exercise supervision and regulation over company security guards inside economic zones?

PEZA allows its locator-companies to hire security guards from PEZA-accredited security agencies and such security guards are subject to supervision and security regulations by PEZA.

22. What agency exercises supervision over PEZA police?

PEZA police are under the supervision of the economic zones.

23. May the workers join, form or assist in forming unions/ organizations inside economic zones?

Workers in the economic zones may exercise their right to self-organization and collective bargaining and they are allowed to join, form or assist in forming unions/organizations inside the economic zones.

24. Does the Joint DOLE-PNP-PEZA Guidelines apply to private economic zones?

The Joint DOLE-PNP-PEZA Guidelines is to be observed inside and outside the economic zones. For this purpose, the appropriate DOLE Regional Office shall forge a Memorandum of Agreement (MOA) with the owner/administrator of special economic zones or air transport authorities specifying the guidelines, responsibilities and coordination as stated in the Joint Guidelines in resolving labor disputes.

25. Can the company security guards respond to strike, picket, lockout or any labor dispute?

No. Under no circumstance shall company security guards initiate or assist in maintaining peace and order during picket/strike/lockout or any labor dispute.

26. What is the available remedy against PEZA or DOLE personnel who violate the provisions of the Joint Guidelines?

The aggrieved party may file an administrative complaint against DOLE personnel in accordance with the DOLE Manual on Disposition of Administrative Cases and Revised Rules on Administrative Cases in the Civil Service, and against economic zone police/personnel in accordance with the PEZA Law and Civil Service Rules.

27. What is the available remedy against PNP personnel who violate the Joint Guidelines?

Complaints of violations against PNP personnel may be filed before the following:

a) PNP-Internal Affairs Service

b) National Police Commission

c) Chief of Police

d) PNP Provincial/City Director

e) PNP Regional Director

f) People’s Law Enforcement Board (PLEB)

g) Ombudsman

h) Civil Service Commission

28. What remedy can be availed of other than an administrative complaint?

Civil or criminal actions can be filed with separately, alternately, simultaneously or successively before appropriate courts for violation of the provisions of the Revised Penal Code.

29. What shall the fiscals and other government prosecutors do before filing the information in court of cases arising out of or related to a labor dispute?

The ICMC/RICMCshallensure observance of Circular No.15, Series of 1982 and Circular No. 9, Series of 1986, issued by the Department of Justice, which require fiscals and other government prosecutors to first secure clearance from the DOLE and/or the Office of the President “before taking cognizance of complaints for preliminary investigation and the filing in court of the corresponding information of cases arising out of or related to a labor dispute,” including cases with “allegations of violence, coercion, physical injuries, assault upon a person in authority and other similar acts of intimidation, obstructing the free ingress to and egress from a factory or place of operation of the machines of such factory, or the employers’ premises”.

30. Can the strikers/picketers be arrested without a warrant of arrest?

No arrest/search and seizure arising from a labor dispute shall be made without a valid warrant.

In case of arrest pursuant to Section 5, Rule 113 of the Rules of Court on warrantless arrest, or obstruction to public thoroughfares or ingress to and egress from employer’s premises, or possession of deadly weapons in violation of Batas Pambansa Blg. 6, or possession of firearms or explosives in violation of Presidential Decree No. 1866, as amended by Republic Act No. 8294, the ICMC/RICMC shall ensure that it is notified by the arresting officer within twenty-four hours after the arrest and that the person arrested was delivered to the nearest police station and held by reason of a case filed in court.

Unfair Labor Practice 1. What is unfair labor practice (ULP)?

ULPs are offenses committed by the employer or labor organization which violate the constitutional right of workers and employees to self-organization. ULP acts are inimical to the legitimate interests of both labor and management, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. (Art. 248 of the Labor Code, as amended)

2. What is the nature of ULP?

ULP is not only a violation of the civil rights of both labor and management, but also a criminal offense against the State. Criminal ULP cases may be filed with the regular courts. No criminal prosecution may be instituted, however, without a final judgment from the NLRC that an unfair labor practice was committed.

3. What are some of the ULPs committed by an employer?

ULP by management are as follows:

a) Requiring as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;

b) Contracting out services or functions being performed by union members when such will interfere with, restrain, or coerce employees in the exercise of their right to self-organization;

c) Discrimination as regards to wages, hours of work, and other terms and conditions of employment in order to encourage or discourage membership in any labor organization; and

d) Dismissal, discharge, prejudice or discrimination against an employee for having given or being about to give testimony under the Labor Code. (Art. 248, 249 of the Labor Code, as amended)

4. What are some ULPs committed by labor organizations?

A labor organization commits ULP by any of the following violations:

a) Restraint or coercion of employees in the exercise of their right to self-organization: However, the labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership; and

b) Causing or attempting to cause an employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or terminating an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members.

5. What are ULPs committed by both employers and labor organizations?

ULPs by both management and labor organizations are as follows:

a) Interference, restraint, or coercion of employees in the exercise of their right to self-organization;

b) Violation of a collective bargaining agreement, when circumstances warrant;

c) Initiating, dominating, assisting or otherwise interfering with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;

d) Violation of the duty to bargain collectively; and

e) Payment by employer of negotiation or attorney’s fees and acceptance by the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute (Art. 248, 249 of the Labor Code, as amended).

Termination of Employment 1. What is the right to security of tenure?

The right to security of tenure means that a regular employee shall remain employed unless his or her services are terminated for just or authorized cause and after observance of procedural due process.

2. May an employer dismiss an employee? What are the grounds?

Yes. An employer may dismiss an employee on the following just causes:

a) serious misconduct;b) willful disobedience;c) gross and habitual neglect of duty;d) fraud or breach of trust;e) commission of a crime or offense against the employer, his family or representative;f) other similar causes.3. Are there other grounds for terminating an employment? What are they?Yes. The other grounds are authorized causes:a) installation of labor-saving devices;b) redundancy;c) retrenchment to prevent losses;d) closure and cessation of business; ande) disease / illness.4. Before terminating the services of an employee, what procedure should the employer observe?An employer shall observe procedural due process before terminating one’s employment.5. What are the components of procedural due process?A. In a termination for just cause, due process involves the two-notice rule:a) A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side;b) A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;c) A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify termination.B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.6. What is the sanction if the employer failed to observe procedural due process in cases of legal and authorized termination?In cases of termination for just causes, the employee is entitled to payment of indemnity or nominal damages in a sum of not more than 30,000 pesos (Agabon vs. NLRC, 442 SCRA 573); in case of termination for authorized causes, 50,000 pesos (Jaka Food Processing vs. Darwin Pacot, 454 SCRA 119).7. May an employee question the legality of his or her dismissal?Yes. The legality of a dismissal may be questioned before the Labor Arbiter of a Regional Arbitration Branch of the National Labor Relations Commission (NLRC), through a complaint for illegal dismissal. In establishments with a collective bargaining agreement (CBA), the dismissal may be questioned through the grievance machinery established under the CBA. If the complaint is not resolved at this level, it may be submitted to voluntary arbitration.8. In cases of illegal dismissal, who has the duty of proving that the dismissal is valid?The employer.9. Suppose the employer denies dismissing the employee, who has the duty to prove that the dismissal is without valid cause?The employee must elaborate, support or substantiate his or her complaint that he or she was dismissed without valid cause (Ledesma, Jr. vs. NLRC, 537 SCRA 358, October 19, 2007).10. On what grounds may an employee question his or her dismissal?An employee may question his or her dismissal based on substantive or procedural grounds.The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal.The procedural aspect refers to the failure of the employer to give the employee the opportunity to explain his or her side.11. What are the rights afforded to an unjustly dismissed employee?An employee who is dismissed without just cause is entitled to any or all of the following:a) reinstatement without loss of seniority rights;b) in lieu of reinstatement, an employee may be given separation pay of one month pay for every year of service (Golden Ace Builders, et. al vs. Jose Talde, May 5, 2010, GR No. 187200);c) full backwages, inclusive of allowances and other benefits or their monetary equivalent from the time compensation was withheld up to the time of reinstatement;d) damages if the dismissal was done in bad faith (Aurora Land Project Corp. vs NLRC, 266 SCRA 48).12. What is reinstatement?

Reinstatement means restoration of the employee to the position from which he or she has been unjustly removed.Reinstatement without loss of seniority rights means that the employee, upon reinstatement, should be treated in matter involving seniority and continuity of employment as though he or she had not been dismissed from work.When a Labor Arbiter rules for an illegal dismissal, reinstatement is immediately executory even pending appeal by the employer (Article 223 of the Labor Code, as amended).13. In what forms may reinstatement pending appeal be effected?Reinstatement pending appeal may be actual or by payroll, at the option of the employer.14. What is meant by full backwages?Full backwages refer to all compensations, including allowances and other benefits with monetary equivalent that should have been earned by the employee but was not collected by him or her because of unjust dismissal. It includes all the amounts he or she could have earned starting from the date of dismissal up to the time of reinstatement.15. What is separation pay?In termination for authorized causes, separation pay is the amount given to an employee terminated due to installation of labor-saving devices, redundancy, retrenchment, closure or cessation of business or incurable disease.Separation pay may also be granted to an illegally dismissed employee in lieu of reinstatement.16. How much is the separation pay?In cases of installation of labor-saving devices or redundancy, the employee is entitled to receive the equivalent of one month pay or one month for every year of service, whichever is higher.In cases of retrenchment, closure or cessation of business or incurable disease, the employee is entitled to receive the equivalent of one month pay or one-half month pay for every year of service, whichever is higher.In case of separation pay in lieu of reinstatement, the employee is entitled to receive the equivalent of one month pay for every year of service.17. Is proof of financial losses necessary to justify retrenchment?Yes. Proof of actual or imminent financial losses that are substantive in character must be proven by the employer to justify retrenchment (Lopez Sugar Central vs. NLRC, 189 SCRA 179).18. Are there other conditions before an employee may be dismissed on the ground of redundancy?Yes. It must be shown that there is:a) Good faith in abolishing redundant position; andb) Fair and reasonable criteria in selecting employees to be dismissed, such as but not limited to less preferred status (e.g. temporary employee), efficiency and seniority (Asian Alcohol Corp. vs. NLRC, 305 SCRA 416);c) A one-month prior notice is given to the employee and DOLE Regional Office as prescribed by law.19. May the services of an employee be terminated due to disease?Yes. The employer may terminate employment on ground of disease only upon the issuance of a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of six months even with proper medical treatment.20. What is constructive dismissal?Constructive dismissal refers to an involuntary resignation resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee or an unwarranted transfer or demotion of a employee, or other unjustified action prejudicial to the employee. The employer has to prove that such managerial actions do not constitute constructive dismissal (Blue Dairy Corp. vs. NLRC, 314 SCRA 401)21. May an employee be placed on floating status?Yes, provided it is permitted under circumstances for a period of not more than six (6) months. Beyond this period, floating status becomes constructive dismissal which entitles the employee to separation pay (Phil. Industrial Security Agency Corp. vs. Virgilio Dapiton and NLRC, 320 SCRA 124)22. When an employee resigned voluntarily, is he or she entitled to separation pay?No. An employee is not entitled to separation pay when he or she resigns voluntarily, unless it is a company practice or provided in the CBA (Hanford Philippines Inc. vs. Shirley Joseph, 454 SCRA 786, March 31, 2005).23. Are quitclaims valid?Yes, provided that these are voluntarily signed and the consideration is reasonable and is not against the law or public policy. (More Maritime Agencies vs. NLRC, 307 SCRA 189)Quitclaims entered into by union officers and some members do not bind those who did not sign it (Liana’s Supermarket vs. NLRC, 257 SCRA 186).

Remedies 1. What is the Single Entry Approach (SEnA)?Single Entry Approach is an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from employer-employee relations to prevent them from ripening into full blown disputes. Under this approach, all labor and employment disputes shall undergo a 30-day mandatory conciliation-mediation process to effect settlement among the contending parties.2. What are the issues subject to SEnA?All issues arising from labor and employment which may include the following:a) Termination or suspension of employment issues;b) Claims for any sum of money, regardless of amount;c) Intra-union and inter-union issues except petition for certification election, after exhaustion of administrative remedies;d) Unfair labor practices;e) Closures, retrenchments, redundancies, temporary lay-offs;f) OFW cases;g) Occupational safety and health standards issues except those involving imminent danger situation;

h) Issues arising from other labor and related issuances (OLRI)i) Any other claims arising from employer-employee relationship; andj) Cases falling under the administrative and quasi-judicial jurisdiction of all DOLE offices and attached agencies, including NLRC.3. What issues are not covered by SEnA?The following issues are not covered by SEnA:a) Notices of strikes or lockouts, or preventive mediation cases which shall remain with the National Conciliation and Mediation Board (NCMB);b) Issues arising from the interpretation or implementation of the collective bargaining agreement and those arising from interpretation or enforcement of company personnel policies which should be processed through the Grievance Machinery and voluntary arbitration; andc) Issues involving violations of the following permits, licenses or registrations: (Alien Employment Permit (AEP), PRPA authority or license, Working child permit (WCP) and violations of Republic Act No.9231 (Anti-Child Labor Law), Registration under Department Order No. 18-02, POEA issued licenses under the Migrant Workers’ Act, as amended, Professional license issued by the PRC, TESDA accreditations; and Other similar permits, licenses or registrations issued by the DOLE or its attached agencies).4. Who may file a case under the SEnA?Any aggrieved worker, union, group of workers or the employer may file a request for assistance.5. Where to file or request for SEnA?Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional/provincial/ district office where the union or local chapter is registered.6. Where to file labor relations disputes?Labor relations disputes, particularly illegal dismissals with or without claim for reinstatement, unfair labor practices, strikes and lockouts and claims for damages, shall be filed with the Labor Arbiter of the NLRC-Regional Arbitration Branch.7. Does the action to question one’s dismissal prescribe?Yes. The action prescribes after 4 years from the date of termination.8. What is the period of prescription for ULP acts?One year from the time the cause of action accrued.9. Where to file union representation disputes?Union representation disputes shall be filed at the DOLE Regional Office.10. Where to file inter/intra-union disputes and cancellation of union registration?Inter-union and intra-union disputes shall be filed at the DOLE Regional Office or Bureau of Labor Relations.11. Where to file disputes involving interpretation and implementation of CBA or company personnel policies?Disputes involving interpretation and implementation of CBA or company personnel policies that are not resolved by the Grievance Machinery shall be filed at the NCMB Regional Branches.12. Who has the jurisdiction to determine the legality or illegality of strike/lockout?The Labor Arbiter at the NLRC-Regional Arbitration Branch determines questions involving the legality or illegality of a strike/lockout upon the filing of a proper complaint and after due hearing.When the issue is of national interest, the Secretary of Labor and Employment may assume jurisdiction or certify the dispute to the NLRC for compulsory arbitration (International Pharmaceuticals, Inc. vs. Secretary of Labor, and Associated Labor Union, 205 SCRA 59, January 9, 1992).13. May a voluntary arbitrator determine the legality of a strike?Yes. If the issue is voluntarily and jointly submitted by the parties to voluntary arbitration, the question may be resolved by the voluntary arbitrator or panel of voluntary arbitrators.

Right to Self Organization

 1.What is Right to self organization? It is the right of workers and employees to form, join or assist unions, organizations or associations for purposes of collective bargaining and negotiation and for mutual aid and protection. It also refers to the right to engage in peaceful concerted activities or to participate in policy and decision-making processes affecting their rights and benefits.2.What is Workers' Association?A workers’ association means any group of workers, including ambulant, intermittent, self-employed, rural workers and those without definite employers, organized for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining.

3.Who may join a labor organization or workers' association?The following may join a labor organization:a) all employees employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not;b) government employees in the civil service;c) supervisory personnel;d) security personnel; and,e) aliens with valid working permit provided there are nationals of a country which grants the same or similar rights to Filipino workers as certified by the Department of Foreign Affairs (DFA).4. Is there a required number of workers in an establishment for a union to be formed?None, provided that the required 20% membership of the bargaining unit is complied with.5.How do labor organizations and workers' associations become legitimate?Federation, national union or industry or trade union center or an independent union and workers' associations become legitimate upon issuance of the certificate of registration by the Department of Labor and Employment (DOLE).6.What are the rights of legitimate labor organizations?A legitimate labor organization shall have the following rights:

to act as a representative of its members for collective bargaining; to be certified as the exclusive representative of all the employees in an appropriate collective bargaining unit for collective

bargaining; to be furnished by the employer, upon written request, with annual audited financial statements within 30 calendar days from date

of receipt of the request, or within 60 calendar days before the expiration of the existing CBA, or during the collective bargaining negotiation;

to own property, real of personal, for the use and benefit of the labor organization and its members; and to sue and be sued in its registered name; and (6) to undertake all other activities to benefit the organization and its members,

and other projects not contrary to law. 7.How are locals\chapters of federation or workers association created?a duly registered federation or national union may directly create a local\chapter by issuing a charter certificate indicating the establishment of the local\chapter. a duly registered workers' association may also charter any of its braches upon filing of the documents prescribed in chartering and creation of a local\chapter.8.When does a local\chapter acquire legal personality?The local\chapter shall acquire legal personality only for purposes of filing a petition for certification election from the date the duly registered federation or national union issued a charter certificate.The local\chapter shall be entitled to all other rights and privileges of a legitimate labor organization upon the submission of the following:

charter certificate the names of the local\chapter's officers, their addresses, and the principal office of the local\chapter; and the chapter constitution and by-laws is the same as that of the federation, this fact shall be indicated accordingly.

The Genuineness and appropriate execution of the supporting requirement shall be certified under oath by the secretary or treasurer of the local\chapter and attested to by its president.9.When may the Regional or BLR Director Inquire into the financial activities of a legitimate labor organization?The regional or BLR Director may inquire into the financial activities of any legitimate labor organization and examine their books of accounts and other records to determine whether they are complying with the law and the organization's constitution and by-laws upon the filing of a request or complaint for the conduct of an accounts examination by any member of the labor organization, supported by the written consent of at least twenty (20%) percent of its total membership ( Art. 274 of the Labor Code, as amended). 10.What are the grounds for the cancellation of union registration?The grounds for the cancellation of union registration are:a) misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification;b) misrepresentation, false statement or fraud in connection with the election of officers, minutes of election of officers, and the list of voters; andc) voluntary dissolution of the members. However, at least 2/3 of its general membership should vote to dissolve the organization in a meeting called for that purpose and that the application to cancel the registration is submitted by the board of the organization. It shall be attested to by the president.11.Who may file an intra/inter union complaint or petition?Any legitimate labor organization or its concerned member(s) may file a complaint or petition involving intra/inter-union disputes or issues. When the issue involves the entire membership of the labor organization, the complaint or petition shall be supported by at least thirty percent (30%) of its members.

CBA and Collective Bargaining 1. What is Collective Bargaining?It is a process where the parties agree to fix and administer terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances.2.What is Collective Bargaining Agreement (CBA)?It is a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.3.Is the ratification of the CBA by the majority of all the workers in the bargaining unit mandatory?Yes. The agreement negotiated by the employees’ bargaining agent should be ratified or approved by the majority of all the workers in the bargaining unit.4. Is there any exception to the requirement of mandatory ratification by the majority of all the workers in the bargaining unit?Yes. Ratification of the CBA by the employees in the bargaining unit is not needed when the CBA is a product of an arbitral award by appropriate government authority or by a voluntary arbitrator.5.What constitutes CBA registration?It is a process of determining whether the application for registration of a Collective Bargaining Agreement complies with the Rules on CBA registration specifically Rule XVII of the Department Order No. 40-03 or the Rules amending the Implementing Rules of Book V of the Labor Code of the Philippines.6.What is the effect of the CBA registration?The registration of the CBA will bar a certification election except within the last sixty days (freedom period) before the expiration of the five-year CBA.7.What is the lifetime of a CBA?With respect to representation aspect, the CBA lasts for 5 years. However, not later than 3 years after the execution of the CBA, the economic provisions shall be renegotiated. 8. What is the freedom period?It refers to the last sixty days immediately preceding the expiration of the five-year CBA. A petition for certification election may be filed during the freedom period.

9.Where to file the application for CBA registration?The application for CBA registration shall be filed at the Regional Office that issued the certificate of registration or certificate of creation of chartered local of the labor union-party to the agreement.10. When to file the application for CBA registration?The application for registration of the CBA shall be filed within thirty (30) days from the execution of such CBA.11.What are the requirements for CBA registration?The following are the requirements for CBA registration (original and two (2) duplicate copies which must be certified under oath by the representative of the employer and labor union concerned):a) The Collective Bargaining Agreement;b) A statement that the Collective Bargaining Agreement was posted in at least two (2) conspicuous places in the establishment concerned for at least five (5) days before its ratification; andc) A statement that the Collective Bargaining Agreement was ratified by the majority of the employees in the bargaining unit of the employer concerned.12.Is registration fee required?Yes. The certificate of CBA registration shall be issued by the DOLE Regional Office only upon payment of the prescribed registration fee.13.How long will it take to process the CBA registration?The application for CBA registration shall be processed within one day from receipt thereof.14.What is the ground for denial of the CBA registration?Failure of the applicant to complete the requirements for CBA registration but such denial is without prejudice for the filing of another application for registration.

Certification Election 1. What is Certification Election?Certification election is a process of determining through secret ballot the sole and exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose of collective bargaining.2. Where does a union file a petition for certification election (PCE)?A PCE is filed at the Regional Office which issued the certificate of petitioning union’s certificate of registration/certificate of creation of chartered local.3. What are the requirements in filing a PCE?Among the important requirements are the following:a) A statement indicating any of the following:That the bargaining unit is unorganized or that there is no registered CBA covering the employees in the bargaining unit;If there exists a duly registered CBA, that the petition is filed within the sixty-day freedom period of such agreement;If another union had been previously recognized voluntarily or certified in a valid certification, consent or run-off election, that the petition is filed outside the one-year period from entry of voluntary recognition or conduct of certification or run-off election and no appeal is pending thereon.b) In an organized establishment, the signature of at least twenty-five (25%) percent of all employees in the appropriate bargaining unit shall be attached to the petition at the time of its filing (Section 4, Rule VIII, of the Department Order No. 40-03).4. What happens after receipt of the PCE?The petition will be raffled to the Med-Arbiter for preliminary conference to determine, among others, the bargaining unit to be represented, the contending unions, and the possibility of consent election. 5. What happens upon approval of the conduct of certification election by the Mediator-Arbiter?The PCE will be endorsed to an election officer for the conduct of pre-election conference wherein the date, time and place of election will be identified, the list of challenged and eligible voters will be made, as well as the number and location of polling places.6. May a PCE be denied?Yes, a PCE may be denied if:a) it was filed before or after the freedom period of a registered CBA;b) the petitioner union is not listed in the DOLE Registry of legitimate labor organization; orc) the legal personality of the petitioner-union has been revoked or cancelled with finality.7. Who will conduct the CE?The DOLE Regional Office through the election officer conducts the certification election.8. How is the SEBA determined?The union that garners majority of the valid votes cast in a valid certification election shall be certified as the SEBA.9. May election protest be entertained?Yes, but protest should have been first recorded in the minutes of the election proceedings.10. What happens if the petitioner union fails to garner the majority of the valid votes cast?There will be no SEBA, but another PCE may be filed one year thereafter. 11. What are the requisites for certification election in organized establishments? Certification election in organized establishments requires that:a) a petition questioning the majority status of the incumbent bargaining agent is filed before the DOLE within the 60-day freedom period; b) such petition is verified; andc) the petition is supported by the written consent of at least twenty-five percent (25%) of all employees in the bargaining unit.12. What is the requirement for certification election in unorganized establishments?Certification election in unorganized establishments shall “automatically” be conducted upon the filing of a petition for certification election by an independent union or a federation in behalf of the chartered local or the local/chapter itself. 13. May an employer file a PCE?Yes, the employer may file a PCE if it is requested to bargain collectively.

14. May an employer extend voluntary recognition to a legitimate labor organization without filing a PCE?Yes, management may voluntarily recognize a union if there is no other union in the company and if other requirements are complied with (Sec. 2, Rule 7 of D.O. 40-03). 15. What is the role of employer in certification election?The employer shall not be considered a party to a petition for certification election, whether it is filed by an employer or a legitimate labor organization, and shall have no right to oppose it. Its participation shall be limited only to being notified or informed of petition for certification election and submitting the certified list of employees or where necessary, the payrolls (Employer as Bystander Rule).

Strikes and Lockout

 1. What is alternative dispute resolution (ADR)?Alternative Dispute Resolution means any process or procedure used to resolve a labor dispute through conciliation, mediation, voluntary arbitration, or plant-level bipartite mechanisms, such as labor-management cooperation (LMC) and grievance machinery.2. What is conciliation-mediation?Conciliation-mediation is a non-litigious, non-adversarial, less expensive and expeditious mechanism in assisting the parties towards voluntarily reaching their own mutually acceptable settlement to the labor dispute. Under this informal set-up, the parties arrive at an amicable settlement without going through legal procedures.3. Who can avail of conciliation and mediation services?Any party to a labor dispute, whether an individual, union or management, can avail of the conciliation mediation services at the National Conciliation and Mediation Board (NCMB) and its Regional Branches thru a request for assistance, notice of preventive mediation or notice of strike/lockout.4. What are the issues that may be the subject of preventive mediation?A preventive mediation may be filed by an individual, union or management on any issue arising from violation of the right to self-organization, including issues for notice of strike or lockout, to avoid the occurrence of actual labor disputes.5. Suppose the issue on preventive mediation is not settled, what action may be taken?The individual, union or management may file a notice of strike/lockout.6. Who can file a notice of strike?Unions that are certified as the sole and exclusive bargaining agent (SEBA) may file a notice of strike at the NCMB Regional Branch. In the absence of a SEBA, a legitimate labor organization may file but only on grounds of ULPs.7. What are the valid issues/grounds that may be the subject of a notice of strike/lockout?A notice of strike or lockout may be filed on grounds of unfair labor practice (ULP) or deadlock in collective bargaining (CB).8. May the union or management bring the case to voluntary arbitration?Yes. Upon agreement, the parties may bring the matter for resolution before an accredited voluntary arbitrator of their own choice, in which case the Notice is deemed automatically withdrawn and dropped from the dockets.9. What happens in case no settlement is reached?The union/management may go on strike/lockout provided the following are complied with:a) A request to the concerned NCMB regional branch to observe the conduct of the strike/lockout vote;b) Actual conduct of strike/lockout vote must be approved through secret ballot by the majority of the union members/board of directors of the corporation or association or of the partners in a partnership;c) The result of the strike or lockout VOTE shall be submitted to the concerned NCMB-Regional Branch;d) The union must wait for the lapse of the 7-day mandatory strike ban period from the submission of the strike/lockout vote results to give NCMB last ditch effort to effect settlement.10. What are the periods to be observed before going on strike?If the ground of the notice of strike is CB deadlock, the cooling-off period is 30 days. If ULP, 15 days. During these periods, the NCMB shall exert all efforts at the mediation and conciliation to effect voluntary settlement. If Union Busting, the cooling-off period is dispensed with but the mandatory 7-day Strike Ban period must be complied with.11. When may a strike or lockout be declared illegal?A strike or lockout may be declared illegal if any of the requirements for a valid strike or lockout is not complied with. It may also be declared illegal if it is based on non-strikeable issues or if the issues involved are already the subject of arbitration. During a strike or lockout, when either of the parties commits prohibited acts or practices, the strike or lockout may be declared illegal.12. Who has jurisdiction to determine the legality of strike or lockout?In general, the Labor Arbiter in the appropriate Arbitration Branch of the NLRC has the power to determine questions involving the legality or illegality of a strike or lockout upon the filing of a proper complaint and after due hearing.Where the matter of legality or illegality of a strike is raised in the dispute over which the Secretary assumed jurisdiction or in compulsory arbitration, the same may be resolved by the Secretary or the Commission, respectively. (IPI vs. Sec. of Labor and Associated Labor Unions, G.R. No. 92981-83, January 9, 1992.)13. Is conciliation-mediation still possible during actual strike or actual lockout?Yes. Conciliation-mediation can still continue even during an actual strike or lockout to exhaust all possible remedies and explore solutions mutually acceptable to both parties in resolving the labor dispute.14. What may the union do if the ground for notice of strike is ULP that involves dismissal of union officers?In case of dismissal of union officers, the 15-day cooling-off period shall not apply and the union may declare a strike after observing the 7-day mandatory strike ban period which starts after submission of the strike vote results.15. What may happen if the dispute is considered to be imbued with national interest?The Secretary of Labor and Employment may assume jurisdiction over the dispute or certify it to the NLRC for compulsory arbitration.16. Is conciliation-mediation still possible even if the dispute has already been assumed or certified?Yes. The duty to bargain collectively continues until all issues involved in the dispute have been resolved and at any point during the pendency of the case at the Office of the Secretary or at the NLRC, the parties can still submit the dispute to voluntary arbitration.17. What is the effect of assumption of jurisdiction or certification for compulsory arbitration?The strike is enjoined and the striking workers after due notice are ordered to return to work and the management to accept them while the Secretary of Labor or the NLRC resolves the dispute.

18. What is the effect if the strikers refuse to obey the assumption/certification order?The strike becomes a prohibited activity and the strike becomes illegal. The union officers or members will be deemed dismissed from employment.19. Can the employer file a petition to declare the strike illegal?Yes. An employer may file a petition to declare the strike illegal at the NLRC-RAB where the employer is located.20. What is the consequence of an illegal strike?When the strike is held illegal, only the union officers who knowingly participated will be considered to have lost their employment status. The union members who knowingly participated in the commission of illegal acts during the strike may be held liable.21. What is a grievance?A grievance is any question by either the employer or the union regarding the interpretation or implementation of the collective bargaining agreement or interpretation or implementation of company personnel policies or interpretation or implementation of the productivity incentive programs or wage distortion issues or any claim by either party that the other party is in violation of any provision of the CBA or company personnel policies.22. What are the sources of a grievance?a. Contract (Collective Bargaining Agreement)b. Company Personnel Policies and Company Rules and Regulationsc. Company Productivity Incentive Programsd. Lawe. Past practice23. What are the types of grievances?a. Rights disputes – pertain to any violations arising from rights established under collective agreements, laws, rules and regulations and customary practices.b. Interests disputes – are often referred to as bargaining deadlock issues which may also be submitted to voluntary arbitration upon agreement of the parties.c. Discipline cases – refer to violators of the usual norms or personnel conduct or behaviour of employees.24. What are the grounds for a grievance to exist?a. There is a violation of the CBA provisions. (It arises out of interpretation or implementation of CBA)b. A worker has been treated unfairly by some decision or policy of the company. (It involves a disciplinary action of management)c. There is violation of law or health and safety regulation.d. There is violation of a past practice.e. There is a violation of employer responsibility.f. Wage distortion issues.g. Issues arising from the interpretation or implementation of the productivity incentive programs.25. Who can file/initiate a Grievance?a. Aggrieved (individual) employeeb. Group of employeesc. The Uniond. Management or Employer26. How is a grievance resolved?The grievance is resolved through the grievance machinery or committee as provided for in the CBA. The procedure may vary from CBA to CBA, but the ideal procedure shall be as follows:a) An employee shall present the grievance or complaint orally or in writing to the shop steward;b) If the grievance is valid, the shop steward shall immediately bring the complaint to the employee’s immediate supervisor;c) If no settlement is reached, the grievance shall be referred to the grievance committee which shall have ten (10) days to decide the case. (Rule 19, Sec. 2. D.O. 40-03)27. What happens if a grievance is not resolved?The unresolved issue/s in the grievance shall be submitted to voluntary arbitration.28. What is Voluntary Arbitration?Voluntary Arbitration is a mode of settling labor-management dispute by which the parties select a competent, trained and impartial person who decides on the merits of the case and whose decision is final, executory and binding. It is the terminal step after the parties have exhausted their grievance machineries.29. Who is a voluntary arbitrator?Any person who has been accredited by the Board as such, or any person named or designated in the collective bargaining agreement by the parties as their voluntary arbitrator, or one chosen by the parties with or without the assistance of the Board, pursuant to a selection procedure agreed upon in the CBA or one appointed by the Board in case either of the parties to the CBA refuses to submit to voluntary arbitration. The term includes panel of voluntary arbitrators.30. What are the kinds of a voluntary arbitrator?a. Permanent Arbitrator – the voluntary arbitrator specifically named or designated in the collective bargaining agreement by the parties as their voluntary arbitrator.b. Ad-hoc-arbitrator – the voluntary arbitrator chosen by the parties in accordance with the established procedures in the CBA or the one appointed by the Board in case there is failure in the selection or in case either of the parties to the CBA refuses to submit to voluntary arbitration.31. What are the disputes/issues that may be submitted to voluntary arbitration?a. All unresolved grievances arising from the interpretation or implementation of the collective bargaining agreement. (Art. 261, Labor Code)b. All unresolved grievances arising from the implementation or enforcement of company personnel policies. (Art. 261, LC)c. All wage distortion issues arising from the application of any wage orders in organized establishments. (Art. 124, LC)d. All unresolved grievances arising from the interpretation and implementation of the productivity incentive programs RA 6971.e. All other labor disputes including unfair labor practices. (Art. 262, LC)f. Bargaining deadlocks (Art. 262,LC)

g. Assumed or certified “national interest cases” before or any stage of the compulsory arbitration process (Art. 263[h], LC)h. Illegal dismissal cases under Policy Instruction No. 56 dated April 6, 1993.32. How does a voluntary Arbitrator or panel of Voluntary Arbitrators acquire jurisdiction over a case?Pursuant to DO 40-03 and Revised Procedural Guidelines on VA, a Voluntary Arbitrator or panel of Voluntary Arbitrators acquire jurisdiction over a specific dispute upon receipt of the following:a. submission agreement signed by the parties;b. notice to arbitrate signed by a party to a CBA with an agreement to arbitrate; orc. appointment/designation as VA by the National Conciliation and Mediation Board (NCMB) in either of the following circumstances:

In the event the parties fail to select an arbitrator; or In the event that: a) a NTA is served; b) the CBA does not name in advance an arbitrator; and c) the other party upon whom the notice

is served does not reply favorably within seven (7) days from receipt of such notice.33. What is a Submission Agreement?It is written agreement by the parties submitting their case for arbitration containing the issues, the chosen arbitrator and stipulation to abide by and comply with the resolution, including the cost of arbitration.34. What is the remedy of a party who wants to submit to a Voluntary Arbitration despite the refusal of the other party after exhaustion of grievance procedure but the grievance remains unresolved?Submit the case through a procedure called the Notice to Arbitrate.35. What is a Notice to Arbitrate?It is a formal demand made by one party to the other for the arbitration of a particular dispute in case of refusal of one party to a CBA to submit to arbitration.36. What is the procedure to a Notice to Arbitrate?1. The Notice is served upon the unwilling party, copy furnished the permanent arbitrator and the NCMB Regional Branch having jurisdiction over the workplace;2. Upon receipt of a notice to arbitrate after the lapse of the seventh-day period within which to respond, the permanent arbitrator/s shall immediately commence arbitration proceedings.3. In the absence of a permanent arbitrator in the CBA, the Board/Branch appoints a voluntary arbitrator who shall immediately commence arbitration proceedings upon receipt of such appointment.37. What is the period required of a voluntary arbitrator or panel of voluntary arbitrators to render an award or decision?Unless the parties agree otherwise, a Voluntary Arbitrator or panel of voluntary arbitrators are mandated to render an award or decision within 20 calendar days from date of submission for decision.38. May the parties to a case enter into an amicable settlement of their dispute pending resolution by the arbitrator?Yes. In the event that the parties finally settle their dispute during the pendency of the arbitration proceedings, the terms of settlement shall be reduced into writing and shall be adopted as the DECISION of the arbitrator.39. What are the advantages of resorting to voluntary arbitration in the resolution of a dispute?a. Speedyb. Fairc. Finality of decisionsd. Economical for both in terms of time, money and resourcese. Alternative to Industrial Actionf. Non-litigious, non-adversarial, non-technicalg. Arbitrable issues are not strikeable as mandated by law40. What is labor-management cooperation?Labor-management cooperation is a state of relations where labor and management work hand in hand to accomplish certain goals using mutually acceptable means. It provides schemes of workers' participation in decision making process through information sharing, discussion, consultation and negotiations.41. Is there a need for labor-management cooperation?Yes, because labor and management are social partners sharing a common interest in the success and growth of the enterprise and the economy to promote workers' participation in decision-making processes, create a labor relations climate conducive to productivity improvement, improve the quality of working life and achieve and sustain economic growth.42. What are the mechanisms to promote labor-management cooperation?The following are the mechanisms:a. direct participation mechanisms through small group activities like quality control circles or productivity improvement circles;b. indirect participation mechanisms through joint consultative bodies like labor-management councils or committees;combination of direct and indirect participation mechanisms like joint bodies and small group activities.