An Act Constituting An Independent Presidential Electoral Tribunal To Try, Hear And Decide Election Contests In The Office Of President And Vice-President Of The Philippines, Appropriating

Case Overview and Summary

Summary of Batas Pambansa Blg. 130 (An Act Amending the Labor Code of the Philippines)

Headquarters and Branches of the National Labor Relations Commission (NLRC)
- The NLRC shall have its main office in Metro Manila and branches in regional offices of the Ministry of Labor and Employment. (Section 1)
- Each branch shall be headed by an executive labor arbiter who is a member of the Integrated Bar of the Philippines.

Jurisdiction of the NLRC
- The NLRC shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. (Section 2)
- It shall have original and exclusive jurisdiction over cases involving wages, hours of work, and other terms and conditions of employment.

Registry of Unions and Collective Agreements
- The Bureau of Labor Relations shall maintain a registry of legitimate labor organizations. (Section 3)
- It shall keep a file of all collective agreements, records of labor dispute settlements, orders, and decisions of voluntary arbitrators.
- Parties shall submit copies of their collective agreements with proof of ratification by the majority of workers in the bargaining unit.

Prohibition on Certification Election
- The Bureau shall not entertain any petition for certification election that may disturb existing collective bargaining agreements, except under Articles 254 and 257. (Section 4)

Requirements for Union Registration
- To acquire legal personality, a labor organization must meet the following requirements: (Section 5)
- Pay a ₱50 registration fee.
- Provide names of officers, addresses, minutes of organizational meetings, and list of participating workers.
- Have at least 30% of employees in the bargaining unit as members.
- Submit annual financial reports if existing for one or more years.
- Submit 4 copies of the constitution, by-laws, minutes of adoption, and list of participating members.

Unfair Labor Practices of Employers
- It shall be unlawful for an employer to: (Section 6)
- Interfere with employees' right to self-organization.
- Require non-membership in a union as a condition of employment.
- Contract out services performed by union members to interfere with self-organization.
- Initiate, dominate, assist, or interfere with the formation or administration of any labor organization.
- Discriminate against employees to encourage or discourage union membership.
- Dismiss or discriminate against employees for testifying under the Labor Code.
- Violate the duty to bargain collectively.
- Pay negotiation or attorney's fees to the union as part of a settlement.
- Violate a collective bargaining agreement.

Unfair Labor Practices of Labor Organizations
- It shall be unlawful for a labor organization to: (Section 7)
- Restrain or coerce employees in exercising their right to self-organization.
- Cause an employer to discriminate against an employee due to union membership status.
- Violate the duty or refuse to bargain collectively with the employer.
- Cause an employer to pay for services not performed or demand fees for union negotiations.
- Accept negotiation or attorney's fees from employers as part of a settlement.
- Violate a collective bargaining agreement.

Procedure for Representation Issues
- A Med-Arbiter shall hear and decide controversies concerning the representation of employees and certify the labor organization chosen by the majority of workers as the exclusive bargaining agent. (Section 8)
- If there is reasonable doubt, the Med-Arbiter shall order a secret ballot election to ascertain the freely chosen representative.
- No certification election shall be entertained if a collective agreement exists, except within 60 days prior to its expiration.

Grievance Machinery and Voluntary Arbitration
- Grievances arising from the interpretation or implementation of a collective agreement shall be adjusted through the grievance procedure in the agreement. (Sections 9 and 10)
- If not settled, grievances shall be referred to voluntary arbitration as prescribed in the agreement.
- Voluntary arbitration awards shall be final, unappealable, and executory.

Strikes, Picketing, and Lockouts
- Workers have the right to engage in concerted activities for collective bargaining or mutual benefit and protection. (Section 11)
- The right of labor organizations to strike and picket, and of employers to lockout, shall be recognized and respected, except for inter-union and intra-union disputes.
- A notice of strike or lockout must be filed with the Ministry at least 30 days (15 days for unfair labor practices) before the intended date.
- A strike vote must be approved by at least 2/3 of the total union membership in the bargaining unit through secret ballot.
- A lockout vote must be approved by at least 2/3 of the board of directors or partners through secret ballot.
- The Minister may assume jurisdiction over disputes adversely affecting the national interest and decide or certify them for compulsory arbitration.
- The decision of the Minister, Commission, or voluntary arbitrator shall be final and immediately executory.

Prohibited Activities
- It shall be unlawful to declare a strike or lockout without first bargaining collectively, filing the required notice, obtaining the necessary strike or lockout vote, or during the pendency of cases involving the same grounds. (Section 12)

Termination of Employment
- The clearance to terminate employment shall no longer be necessary. (Section 13)
- The employer shall provide a written notice with the causes for termination and allow the worker to be heard and defend themselves.
- The worker may contest the validity of dismissal by filing a complaint with the NLRC regional branch.
- The burden of proving valid cause for termination rests on the employer.
- The Ministry may suspend the effects of termination pending resolution of the case if it may cause a serious labor dispute or is a mass lay-off.

Just Causes for Termination by Employer
- An employer may terminate employment for the following just causes: (Section 15)
- Serious misconduct or willful disobedience of lawful orders.
- Gross and habitual neglect of duties.
- Fraud or willful breach of trust.
- Commission of a crime against the employer or immediate family.
- Other causes analogous to the foregoing.

Closure of Establishment and Reduction of Personnel
- An employer may terminate employment due to installation of labor-saving devices, redundancy, retrenchment to prevent losses, or closure/cessation of operations by serving a written notice at least 1 month in advance. (Section 15)
- Separation pay shall be equivalent to at least 1 month's pay or 1 month's pay for every year of service, whichever is higher, for termination due to installation of labor-saving devices or redundancy.
- For retrenchment to prevent losses and closures not due to serious business losses, separation pay shall be at least 1 month's pay or 1/2 month's pay for every year of service, whichever is higher.

Other Provisions
- A special Voluntary Arbitration Fund is established to cover fees for indigent parties and promote voluntary arbitration programs. (Section 14)
- The Ministry shall help promote labor-management cooperation programs at appropriate levels of the enterprise. (Section 14)
- In establishments without labor organizations, labor-management committees may be formed voluntarily by workers and employers. (Section 14)
- Inconsistent provisions of the Labor Code and other laws are repealed. (Section 16)