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.