Labor Relations

Question 1

What is labor relations?

Answer 1

as understood within the ambit of Book of the Labor Code,
1. dwell on the broad and dynamic relationship between the employer and the employee,
2. its ramifications and implications insofar as their respective rights and interests are concerned as well as the
3. modes of settling and adjusting their differences and disputes.

Question 2

Who may exercise the right to labor organization?

Answer 2

➢Private Sector
o All persons employed in commercial, industrial and agricultural enterprises;
o Employees of government-owned and controlled corporations without original charters established under the Corporation Code;
o Employees of religious, charitable, medical or educational institutions, whether operating for profit or not;
o Front-line managers, commonly known as supervisory employees;
o Alien employees;
o Working children;
o Homeworkers;
o Employees of cooperatives; and (members)
o Employees of legitimate contractors – not with the principals but with the contractors.

➢ Public Sector (page 68)
o All rank-and-file employees of all branches, subdivisions, instrumentalities, and agencies of government including government-owned and controlled corporations with original charters.

Question 3

Qualifications of Commissioner(NLRC)

Answer 3

➢ Member of the Philippine Bar;
➢ Engaged in the practice of law in the Philippines for at least 15 years;
➢ Experience and exposure in handing labor-management relations for at least 5 years;
➢ Resident of the region where they shall hold office.

Question 4

What is a Labor Dispute

Answer 4

1. Any controversy or matter
2. concerning terms and conditions of employment or the
3. association or representation of persons in negotiating, fixing, maintaining, changing, or arranging the terms and conditions of employment,
4. regardless of whether or not the disputants stand in the proximate relation of employer and
   employees.

Question 5

Qualifications of Labor Arbiter

Answer 5

➢ Must be members of the Philippine Bar;
➢ Must have been engaged in the practice of law for 10 years; and
➢ Must have experience or exposure in the field of labor-management relations for at least 5 years.

Question 6

What is the joined personality doctrine for members-employees

Answer 6

A member-employee has two distinct personalities joined into one:
1) As an employee of the cooperative; and
2) Member co-owner.