Question & AnswerQ&A (BATAS PAMBANSA BLG. 130)
The main office of the Commission shall be in Metropolitan Manila, and its Chairman shall supervise labor arbiters and personnel.
The Commission has exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
The requirements include a ₱50 registration fee, names and addresses of officers and members comprising at least 30% of the bargaining unit, minutes of organizational meetings, financial reports if in existence for one or more years, and copies of the constitution and by-laws with ratification proof.
Unfair labor practices include interfering with employee rights to self-organization, discriminating against union members, requiring non-membership as condition of employment, dominating labor organizations, violating collective bargaining duties, and dismissing employees for giving testimony under the Code.
It is unlawful to declare a strike or lockout without collective bargaining, required notice, or strike/lockout vote, or after assumption of jurisdiction or submission to arbitration. Illegal participants may lose employment status.
Clearance is no longer necessary to terminate employment, but employers must give written notice stating causes and offer opportunity for defense. The burden of proof for valid termination lies with the employer.
Workers have the right to engage in concerted activities like strikes and picketing for collective bargaining or mutual benefit, except on inter-union disputes. Employers may lock out workers under certain conditions.
The worker is entitled to at least one month's pay or one month pay per year of service, whichever is higher. For retrenchment or closures not due to losses, separation pay is one month or half month pay per year of service, whichever is higher.
Only officers, agents, or representatives who have actually participated in, authorized, or ratified unfair labor practices bear criminal liability.