POSSIBLE LEGAL BASIS A: A corporation may terminate an employee to prevent

losses. A retrenchment to prevent losses may be an

authorized cause to terminate an employee based on an
1. Q: Validity of termination because of HIV
anticipating losses provided the loss must be serious and
A: Termination on the ground of HIV shall not be valid
substantial. Notice must be given to the employee and DOLE
because under the Labor Code, an employee inflicted with HIV
and separation pay must be given to the employee. There
cannot be terminated as it would tantamount to discrimination
must also be an audited financial statement made by an
against a worker.
independent CPA
2. Q: Union Security Clause RE: Religious practice
11. Q: Termination of union Secretaries
A: As a general rule, a union security clause is a valid provision
A: An employer is any person natural or juridical who in the
in a CBA. However, the provision in the USC providing for the
interest of the employer directly or indirectly hires an
conditions to be a member of a union for employment is not
employee. The definition shall not include any labor
absolute. As an exception to the general rule, the USC shall
organization or officers unless it acts as an employer in the
not apply to those members who are also members of
conduct of its operation
religious sectors who are prohibited to join labor unions based
on their religious grounds.
12. Q: Conviction in the LC of ULP does not warrant criminal
conviction
3. Q: Illegal strikes RE: 7-day strike ban
A: Conviction of ULP under the LC does not warrant the
A: The law provides that officers of a union who knowingly
criminal action. The final conviction of the LA does cannot be
participate in an illegal strike and illegal acts during strike are
used as evidence for a criminal case since the labor code
deemed to have lost their employment whereas for ordinary
requires only substantial evidence to prove ULP whereas in a
members of union who knowingly committed illegal acts
criminal case it requires proof beyond reasonable doubt.
during strike shall be deemed to have lost its employment.
13. Q: Employers liability ULP
4. Q: Fixed term employment RE: written contract signed by
A: Discrimination of an employer against its members or non-
parties for 2 years
members is considered as an ULP. In case an employer is
A: Fixed term employment is a type of employment where an
guilty of ULP he shall be liable under the LC, civilly and
employee at the time of his engagement is informed of the
criminally as it is a violation against the state.
scope and duration of his employment. This type of
employment is for a fixed period and must be entered by the
14. Q: Validity of strike
parties in a written agreement and for purpose as not to
A: A strike may be held based on bargaining deadlock
circumvent the law
provided the union shall provide notice to strike and observe
a 30 day cool-off period, comply with the strike vote of at least
5. Q: Validity of CBA RE: Discriminatory
majority of all members of the union, submit strike report 7
A: The Law provides that members of religious sectors by
days before the intended strike and observe 7-day strike ban,
reason of their religious grounds are exempted from the USC
in case of picketing, workers may not comply with the
requiring them to be a union member. Jurisprudence dictates
requirements of strike to have a valid picketing provided.
that a CBA shall apply equally to both members and non-
However, picketing workers shall be prohibited from
members of the labor union, otherwise, there shall be
committing acts of violence, coercion or intimidation.
discrimination and discrimination is prohibited by law.
15. Q: Intra-Corporate disputes
6. Q: Right of LO to financial statement
A: Intra-corporate disputes is under the jurisdiction of the
A: A legitimate LO has the right to ask for financial statement
regular courts not of the LA. In cases involving the rights of
from the employer after the LO being certified as an exclusive
corporate officers and liability of a corporation is considered
bargaining agent. Part of a certified bargaining agent is its
as an intra-corporate dispute and such cases is under the
duty to bargain. Refusal of an employer may result to an ULP.
jurisdiction of the regular courts
7. Q: Execution of decision
16. Q: Failure to post bond does not confer NLRC the jurisdiction
A: To execute the decision, a petition for the execution of the
A: Orders and decisions of the LA may be appealed with the
decision of the SC and attach the final decision of the SC in
NLRC within 10 days from the receipt of the decision of the
which the Sheriff shall order the execution of the decision with
former, with notice of appeal accompanied with the required
the losing party.
documents and posting of bond. Failure to comply shall render
the LA decision final and executory after reglementary period
8. Q: Erring employee RE: Financial Assistance
to appeal.
A: An erring employee who is terminated may be given
financial assistance provided the termination is based on any
17. Q: EER GRO control
of the just causes other than due to serious misconduct.
A: To determine EER the four-fold test must be applied. The
elements of the four-fold test are as follows: 1. Payment of
9. Q: Four-fold test
wages 2. Power to dismiss 3. Right to hire and 4. Control. The
A: To determine EER the four-fold test must be applied. The
power to control is the determining factor for the existence of
requisites of the four-fold test are as follows:
EER.
1. Right to hire
2. Payment of wages
18. Q: Requisites of a valid strike
3. Power to dismiss
A: The requisites of a valid strike are as follows:
4. Control
1. Based on bargaining deadlock, ULP or flagrant
and malicious refusal to comply with the
10. Q: Management prerogative RE: Termination of employees
economic provision of the CBA
2. Notice to strike
 3. Observance of the cool-off period
4. Strike vote of at least majority of all union
members
5. Submit notice within 24 hours to NCMB the
intended strike voting
6. Report of strike vote with DOLE 7 days before
the intended strike
7. Observance of 7-day strike ban

19. Q: Voting of illegally dismissed employee

A: An illegally dismissed employee may vote for the
certification election since he is still considered as an
employee provided that he does not obtain a substantial
equivalent position or regular employment.

20. Q: Issuance of registration of legitimate LO by DOLE

A: The law requires registration within the DOLE through the
Regional Director of a union before it becomes a legitimate
LO.

21. Q: Exemption form tax of LO

A: income or properties of a LO, including those grants,
endowments, gifts, donations from fraternal or similar unions
shall be exempted from tax, dues and assessments

22. Q: Agency fee

A: Non-members of a labor organization may be required to
pay agency fees equivalent to the union dues paid by the
members provided that they receive benefit from the CBA.

23. DEFINITION
a. Retrenchment
b. Bargaining unit
c. Consent election
d. Limited labor injunction
e. Discerning Compassion Doctrine
f. Regular employee
g. Casual employee
h. Seasonal employee
i. Project employee
j. Security and Tenure
k. Kinds of constructive dismissal
l. Labor Union
m. Principle of co-determination