6) CHRA by HREAP Reviewer. Drills for HR & Philippine Labor Code. SET II. Book 5 - Labor Relations.

Summary

This 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

00:00

📜 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.

05:00

🛠 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.

Keywords

💡Management Policies

Management policies refer to the guidelines and rules set by management to govern the operations and conduct of a business. In the context of the video, these policies are laid down and executed by managerial employees who have the authority to make decisions that affect the workforce. For instance, managerial employees have the power to hire, transfer, or discharge employees, which directly relates to the implementation of management policies.

💡Supervisory Employee

A supervisory employee is someone who oversees the work of other employees and ensures that tasks are completed according to the company's standards. The video script mentions that supervisory employees are distinct from managerial employees, as they do not have the same level of authority to make independent judgments or execute management policies. They are more involved in the day-to-day operations and direct supervision of rank and file employees.

💡Rank and File Employee

Rank and file employees are the non-managerial, non-supervisory workers who perform the core tasks of a company. They are the frontline workers who do not have authority over other employees. The script highlights that these employees are the ones who can form labor organizations and are subject to the labor laws discussed, such as the right to strike and the protection against unfair labor practices.

💡Strike

A strike is a work stoppage caused by the collective action of employees, typically as a form of protest against working conditions or employer policies. The video script mentions 'strike' in the context of industrial or labor disputes, where employees may choose to stop work to demand better wages, hours, or conditions. It is a key concept in labor relations and is often associated with the exercise of workers' rights.

💡Lockout

A lockout is a temporary refusal by an employer to furnish work, often used as a countermeasure during labor disputes. Unlike a strike, which is initiated by employees, a lockout is initiated by the employer. The script refers to lockouts as a strategy that can be used in response to labor disputes, highlighting the tension between employers and employees in certain situations.

💡Labor Arbiter

A labor arbiter is an individual or entity that has the authority to make decisions in labor disputes. The video script discusses the finality of decisions made by a labor arbiter, which can only be appealed within a certain timeframe. This role is crucial in resolving labor disputes and ensuring that both employers and employees have a fair process for addressing grievances.

💡Labor Organization

A labor organization, often referred to as a union, is a group of workers who have banded together to achieve common goals, such as better working conditions and fair wages. The script outlines the requirements for obtaining a certificate of registration for labor organizations, indicating the legal framework that supports the formation and operation of these groups.

💡Union Officer

A union officer is a member of the leadership within a labor organization, responsible for representing the interests of the workers and managing the affairs of the union. The video script discusses the qualifications for labor union officers, emphasizing that there are no stringent requirements other than being in good standing within the organization, which underscores the democratic nature of union leadership.

💡Unlawful Termination

Unlawful termination refers to the dismissal of an employee in violation of labor laws or employment contracts. The script mentions that if an employer is proven to have unlawfully terminated an employee due to a lockout, the employee is entitled to reinstatement with full back wages. This concept is central to protecting workers from unfair treatment by employers.

💡Strike Breaker

A strike breaker is a worker who is hired to replace striking employees, often to continue business operations during a labor dispute. The video script states that employers are not allowed to use strike breakers, which reflects the legal protection of workers' rights to strike and the efforts to maintain solidarity during labor actions.

💡Foreign Workers

Foreign workers are individuals who are not citizens of the country where they are working. The script addresses the participation of foreign workers in union activities, stating that they are allowed to join union activities if they have the necessary permits and if their home country allows Filipino workers to join unions. This highlights the international aspect of labor rights and the reciprocity in labor relations.

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