#laborstandards

[sassyangelie]

Interesting elements, are they? #basiclabortraining #laborstandards #seminar (at Astoria Greenbelt) https://www.instagram.com/p/Bn2kHYXnxut/?utm_source=ig_tumblr_share&igshid=9fwfcsasmnag

[attymiyointhemaking-blog]

BANTOLINO, et. al. v. COCA COLA BOTTLERS PHILIPPINES

ART. 221 Labor Code, Technical Rules Not Binding 

        FACTS:

        On February 15, 1995, sixty-two (62) employees of Coca Cola Bottlers, Inc., filed a case against Coca Cola Bottlers for unfair labor practice through illegal dismissal, violation of their security of tenure and the perpetuation of the “Cabo System.” For failure to prosecute as they failed to either attend the scheduled mandatory conferences or submit their respective affidavits the claim of fifty-two (52) complainant-employees were dismissed. The Labor Arbiter proceeded with the clarificatory hearing to elicit information from the ten (10) remaining complainants, here in respondents.

        The complainants averred that in the performance of their duties as route helpers, bottle segregators, and others, they were employees of respondent Coca-Cola Bottlers, Inc. They further maintained that when respondent company replaced them and prevented them from entering the company premises, they were deemed to have been illegally dismissed. Respondent company filed a motion to dismiss complaint for lack of jurisdiction and cause of action, since there is no employer-employee relationship.

                 The Labor Arbiter favored the employees and ordered their reinstatement, it was also ruled that despite the negative declaration of the respondent as to its relationship with the complainants, the complainants’ testimonies are more credible to prove than the existence of employer-employee relationship. The NLRC agrees with the Labor Arbiter. The Court of Appeals modified the decision because the affidavits of some complainants should not be given probative value for their failure to be subjected to cross-examination. The Court of Appeals dismissed their complaints for lack of sufficient evidence.

ISSUE:

                 Whether or not the Rules of Evidence should strictly bind the National Labor Relations Commission?

HELD:

                 No.

                 The Supreme Court held in different cases that the Rules of Evidence are not strictly observed in proceeding before administrative bodies since decision may be reached through position papers. By cross-examining, it will negate the rationale and purpose of the summary proceeding of the National Labor Relations Commission. The NLRC and LA are authorized to adopt reasonable means to ascertain the facts in each case speedily and objectively without regard to technicalities of law and procedure all in the interest of due process.

[thelawinme]

claim for death benefits

[bctco]

Healthcare workers to be paid overtime under act

A growing number of nurses and other healthcare workers have protested what they called the hospitals’ abuse of manpower. The health workers were previously not protected by the working hours regulations the current labor standards act, instead conforming to an article within the act which states that these employees may “arrange their own working hours, regular days off and national holidays through other agreements with their employers.”  With the exception of doctors all healthcare workers are to be paid overtime from tomorrow under the Labor Standards Act (勞動基準法).

Read more: http://www.taipeitimes.com/News/taiwan/archives/2013/12/31/2003580196