6) CHRA by HREAP Reviewer. Drills for HR & Philippine Labor Code. SET II. Book 5 - Labor Relations.
Summary
TLDRThis script outlines key articles from labor laws, focusing on managerial and supervisory roles, employee classifications, and labor disputes. It addresses the consequences of illegal actions by employers and employees, including terminations and strikes, and specifies penalties for violations. It also clarifies the eligibility and rights of various employee types within labor organizations, emphasizing the legal framework governing labor relations.
Takeaways
- 📜 Article 212 defines a managerial employee as one with the authority to make and execute management decisions, including hiring and disciplinary actions.
- 🔍 A supervisory employee, as per Article 212, is one who recommends managerial actions requiring independent judgment, distinct from clerical duties.
- ⚖️ Article 212 refers to a 'strike' as a temporary stoppage of work by employees due to an industrial or labor dispute, contrasting with a 'lockout' initiated by an employer.
- 🏭 'Strike area' is defined in Article 212 as the premises of the employer and the vicinity used by picketers during a labor dispute.
- ⏰ Decisions by the labor Arbiter are final and executory, unless appealed within 10 calendar days, as stated in Article 223.
- 🕒 The Bureau of Labor Relations has 15 working days to act on labor cases, according to Article 226.
- 💼 A certificate of registration for labor organizations costs only 50 pesos, as mentioned in Article 234.
- 👷♂️ There are no specific qualifications required for Labor Union Officers, other than being in good standing within the organization, per Article 241.
- 🚫 A person convicted of a crime is not eligible to be a union officer or hold any position within the union, as per Article 241.
- 🙅♂️ Managerial employees are not eligible to join, assist, or form labor organizations, according to Article 245.
- 🔙 If an employer unlawfully terminates an employee due to a lockout, the employee is entitled to reinstatement with full back wages, as stated in Article 264.
Q & A
What type of employee is referred to in Article 212 if they have the power to lay down and execute management policies?
-A managerial employee.
According to Article 212, what is the role of a supervisory employee in relation to managerial actions?
-A supervisory employee is one who effectively recommends managerial actions that require the use of independent judgment.
What is defined as a 'strike' in the context of Article 212?
-A 'strike' is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
What is the term used for a temporary refusal of an employer to furnish work due to an industrial or labor dispute?
-This situation is referred to as a 'lockout'.
What is the penalty for a person who obstructs peaceful picketing or the exercise of rights related to labor unions?
-Such a person is referred to as a 'strike breaker'.
What is considered a 'strike area' as per Article 212?
-A 'strike area' includes the establishment struck against, warehouses, depots, plants, or offices, and the immediate vicinity used by picketing strikers.
Within how many calendar days can decisions, rewards, or orders of the labor Arbiter be appealed according to Article 223?
-Decisions can be appealed within 10 calendar days.
How many working days does the Bureau of Labor Relations have to act on labor cases as stated in Article 226?
-The Bureau of Labor Relations has 15 working days to act on labor cases.
What is the fee to obtain a certificate of registration for labor organizations as mentioned in Article 234?
-The fee is 50 pesos.
What are the qualifications required for Labor Union Officers according to Article 241?
-There is no specific requirement other than for the employee to be in good standing in the organization.
Is a person convicted of a crime eligible for election as a union officer or for appointment to any position in the union as per Article 241?
-No, a person convicted of a crime is not eligible.
Are managerial employees eligible to join, assist, or form labor organizations according to Article 245?
-No, managerial employees are not eligible.
What is the consequence for an employer who unlawfully terminates an employee due to a lockout as stated in Article 264?
-The employee is entitled to reinstatement with full back wages.
What happens to a union officer who knowingly participates in an illegal strike and illegal acts during a strike as per Article 264?
-The union officer faces automatic termination of his employment.
Are employers allowed to use strike breakers as per Article 264?
-No, employers are not allowed to use strike breakers.
Under what conditions is it permissible to arrest union members or organizers as per Article 264?
-Union members or organizers can be arrested in the case of the commission of a crime or on grounds of National Security and public peace.
What is the penalty for a foreign worker who violates provisions pertaining to labor unions as mentioned in Article 272?
-The penalty is immediate deportation.
Outlines
📜 Labor Laws and Employee Rights
This paragraph discusses various aspects of labor law as outlined in Article 212. It defines a managerial employee as someone with the authority to make and execute management policies, including hiring and disciplinary actions. It also distinguishes between managerial, supervisory, and rank-and-file employees. The paragraph further explains the legal implications of a strike, lockout, and the actions of a union organizer or strike breaker. It also covers the legal boundaries of picketing and the consequences of obstructing peaceful labor practices. Additionally, it outlines the finality of decisions made by labor arbiters and the time limits for appeals and actions by the Bureau of Labor Relations.
🛠 Labor Organization Regulations and Penalties
The second paragraph delves into the specifics of labor organization regulations, including the process for obtaining a certificate of registration and the associated fees. It addresses the qualifications required for labor union officers and the ineligibility of convicted criminals for union positions. The paragraph also clarifies the eligibility of managerial and supervisory employees to join labor organizations. It outlines the consequences for employers who unlawfully terminate employees during a lockout and the penalties for union officers participating in illegal strikes. The paragraph concludes with guidelines on the use of strike breakers, the conditions under which union members can be arrested, and the participation of foreign workers in union activities, including the penalties for violations of labor union provisions.
Mindmap
Keywords
💡Management Policies
💡Supervisory Employee
💡Rank and File Employee
💡Strike
💡Lockout
💡Labor Arbiter
💡Labor Organization
💡Union Officer
💡Unlawful Termination
💡Strike Breaker
💡Foreign Workers
Highlights
Article 212 defines a managerial employee as one with the power to execute management policies and make decisions regarding employee actions such as hiring and firing.
A supervisory employee, as per Article 212, is one who recommends managerial actions requiring independent judgment, distinct from merely clerical tasks.
A strike, as defined in Article 212, is a temporary stoppage of work due to an industrial or labor dispute initiated by employees.
A lockout is a temporary refusal by an employer to furnish work due to an industrial or labor dispute, as mentioned in Article 212.
Article 212 describes a strike breaker as someone who obstructs peaceful picketing or interferes with the exercise of labor rights.
A strike area, as per Article 212, includes the establishment struck against, its premises, and the vicinity used by picketing strikers.
Decisions by the labor Arbiter are final and executory, unless appealed within 10 calendar days, as stated in Article 223.
The Bureau of Labor Relations has 15 working days to act on labor cases, according to Article 226.
A certificate of registration for labor organizations can be obtained for a fee of 50 pesos, as specified in Article 234.
Labor Union Officers are qualified by being in good standing in the organization, with no other specific requirements, as per Article 241.
Convicted individuals are not eligible for election as union officers or appointment to any position in the union, as mentioned in Article 241.
Managerial employees are not eligible to join, assist, or form labor organizations, according to Article 245.
Supervisory employees cannot be members of rank and file labor organizations but may form separate ones, contrary to a false statement in Article 245.
In case of unlawful termination due to a lockout, the employer must reinstate the employee with full back wages, as per Article 264.
A union officer participating in an illegal strike faces automatic termination of employment, not imprisonment or salary deduction, as per Article 264.
Employers are not allowed to use strike breakers, as stated in Article 264.
Union members or organizers may be arrested for the commission of crime or on grounds of National Security and public peace, as per Article 264.
Foreign workers are allowed to join union activities if they have permits and their country of origin permits Filipino workers to join unions, as per Article 269.
The penalty for a foreign worker violating labor union provisions is immediate deportation, as stated in Article 272.
Transcripts
article 212 this refers to an employee
who is vested with the powers or
prerogatives to lay down and execute
management policies and or to hire
transfer suspend layoff recall discharge
assign red discipline
employees a managerial employee B
supervisory
employee C Rank and file
employee the answer is
managerial
employee two article 212 this refers to
an employee who in the interest of the
employer effectively recommends
managerial actions if the exercise of
such Authority is not merely ruiny or
clerical in nature but requires the use
of independent
judgment a managerial
employee B supervisory
employee C Rank and file
employee the answer is B supervisory
employee 3 article 212 this refers to
any temporary stoppage of work by the
concerted action of employees as a
result of an industrial or labor dispute
a
lockout B
dispute C
strike the answer is C strike for
article 2112 this refers to any
temporary refusal of an employer to
furnish work as a result of industrial
or labor dispute a
lockout B
dispute C
strike the answer is
lockout five article 212 this refers to
any person who obstructs impedes or
interferes with by force violence
coercion threats or intimidation any
peaceful picketing affecting wages hours
or conditions of work or in the exercise
of the right of self-organization ation
or collective bargaining a union
organizer B strike breaker C labor
enforcer the answer
is B strike
breaker six article 212 The
Establishment warehouses Depots plants
or offices including the sites or
premises used as runaway shops of the
employer struck against as well as the
immediate vicinity actually used by
picketing Strikers in moving to and fro
before all points of entrance to and
exit from said
establishment a union platform B strike
area C
workplace the answer is B strike
area 7 article 223 decisions Rewards or
orders of the labor Arbiter are final
and executory unless appeal to the
National Labor Relations commissioned by
any or both parties within how many days
a 30 days B 10 calendar
days C 10 working days D 5 days the
answer is B 10 calendar days 8 article
226 how many days does the Bureau of
Labor Relations have to act on labor
cases 15 working days
B 15 calendar
days C 30 days D 5
days the answer is 15 working
days nine article 234 how much is the
fee to obtain a certificate of
registration for labor
organizations a 50,000
pesos B 5,000
pesos C 500
pesos D 50
pesos the answer is D 50
pesos 10 article 241 what are the
qualifications for Labor Union
Officers a at least 35 years old B
college
graduate C employed for at least 5 years
D all of the above e in no requirement
other than for the employee to be in
good standing in the
organization the answer is e in no
requirement other than for the employee
to be in good standing in the
organization 11 article
241 is a person convicted of crime
eligible for election as a union officer
or for appointment to any position in
the union a yes B
no the answer is B no 12 article 245 are
managerial employees eligible to join
assist or form labor
organizations a yes B
no the answer is B no 13 article
245 supervisory employees shall not be
eligible for membership in a labor
organization of rank and file employees
but may join assist or form separate
labor organizations of their own a true
B
false the answer is B
false 14 article
264 what happens when an employer is
proven to have unlawfully terminated an
employee as a consequence of a
lockout a the employer is required to
pay the employee 100,000
pesos B the employee is entitled to a
reinstatement with fullback
wages C the employee is granted early
retirement benefits
the answer is B the employee is entitled
to a reinstatement with fullback
wages 15 article
264 what happens to a union officer who
knowingly participates in an illegal
strike and knowingly participates in the
commission of illegal acts during a
strike a he faces imprisonment of one
year B automatic termination of his
employment C he suffers a 50% salary
deduction the answer is B automatic
termination of his
employment 16 article 264 are employers
allowed to use strike
Breakers a yes B
no the answer is B
no 17 article 264 when is it permissible
to arrest union members or Union
organizers
a in the case of commission of crime B
on grounds of National Security and
public
peace C both a and b d when the strike
has lasted more than 24
hours the answer is C both A and B 18
article 269 are foreign workers allowed
to join Union
activities a foreign workers are never
allowed to engage in Union
activities B they are allowed to join
Union activities provided they have
permits and their country of Origins
permits Filipino workers to join
unions the answer is
B 19 article
272 what penalty awaits a foreign worker
who violates the provisions pertaining
to labor
unions a 100,000 peso fine B
imprisonment of 6 months C immediate
deportation D all of the above the
answer is C immediate
deportation
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