Definition

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❖ Declaration of Basic Policy - The State shall placement activities as a private recruitment

afford protection to labor, promote full entity


employment, ensure equal work
❖ Seaman means any person employed in a
opportunities regardless of sex, race or
vessel engaged in maritime navigation.
creed, and regulate the relations between
workers and employers. The State shall ❖ Overseas employment means employment
assure the rights of workers to self- of a worker outside the Philippines.
organization, collective bargaining, security
of tenure, and just and humane conditions of ❖ Emigrant means any person, worker or
work. otherwise, who emigrates to a foreign
country by virtue of an immigrant visa or
❖ Worker means any member of the labor resident permit or its equivalent in the
force, whether employed or unemployed. country of destination.
❖ Recruitment and placement refer to any act ❖ Apprenticeship means practical training on
of canvassing, enlisting, contracting, the job supplemented by related theoretical
transporting, utilizing, hiring or procuring instruction for not more than 6 months.
workers, and includes referrals, contract
services, promising or advertising for ❖ Learners are persons hired as trainees in
employment, locally or abroad, whether for semi-skilled and other industrial occupations
profit or not: Provided, that any person or which are non-apprenticeable and which
entity which, in any manner, offers or may be learned through practical training on
promises for a fee, employment to two or the job in a relatively short period of time
more persons shall be deemed engaged in which shall not exceed three (3) months.
recruitment and placement. ❖ Industrial Homeworkers are workers who
❖ Private fee-charging employment agency received any goods, articles or materials to
means any person or entity engaged in be processed or fabricated in or about a
recruitment and placement of workers for a home and thereafter to be returned or to be
fee which is charged, directly or indirectly, disposed of or distributed to their employer.
from the workers or employers or both. ❖ Night worker means any employed person
❖ License means a document issued by the whose work requires performance of a
Department of Labor authorizing a person or substantial number of hours of night work
entity to operate a private employment which exceeds a specified limit.
agency. Labor Relations
❖ Private recruitment entity means any ❖ Labor organization means any union or
person or association engaged in the association of employees which exists in
recruitment and placement of workers, whole or in part for the purpose of collective
locally or overseas, without charging, bargaining or of dealing with employers
directly or indirectly, any fee from the concerning terms and conditions of
workers or employers. employment.
❖ Authority means a document issued by the ❖ Legitimate labor organization means any
Department of Labor authorizing a person or labor organization duly registered with the
association to engage in recruitment and Department of Labor and Employment, and
includes any branch or local thereof.
❖ Company union means any labor ❖ Internal union dispute includes all disputes
organization whose formation, function or or grievances arising from any violation of or
administration has been assisted by any act disagreement over any provision of the
defined as unfair labor practice by this Code. constitution and by-laws of a union,
including any violation of the rights and
❖ Bargaining representative means a
conditions of union membership provided
legitimate labor organization or any officer
for in this Code.
or agent of such organization whether or not
employed by the employer. ❖ Strike-breaker means any person who
obstructs, impedes, or interferes with by
❖ Labor dispute includes any controversy or
force, violence, coercion, threats, or
matter concerning terms and conditions of
intimidation any peaceful picketing affecting
employment or the association or
wages, hours or conditions of work or in the
representation of persons in negotiating,
exercise of the right of self-organization or
fixing, maintaining, changing or arranging
collective bargaining.
the terms and conditions of employment,
regardless of whether the disputants stand ❖ Unfair Labor Practices exist when employers
in the proximate relation of employer and interfere with, restrain or coerce employees
employee. in the exercise of their right to self; etc.

❖ Managerial employee is one who is vested


with the powers or prerogatives to lay down
and execute management policies and/or to
hire, transfer, suspend, lay-off, recall,
discharge, assign or discipline employees.

❖ Supervisory employees are those who, in


the interest of the employer, effectively
recommend such managerial actions if the
exercise of such authority is not merely
routinary or clerical in nature but requires
the use of independent judgment.

❖ Rank and File Employees are those who are


not a managerial or supervisory employee.

❖ Voluntary Arbitrator means any person


accredited by the Board as such, or any
person named or designated in the
Collective Bargaining Agreement by the
parties to act as their Voluntary Arbitrator.

❖ Strike means any temporary stoppage of


work by the concerted action of employees
as a result of an industrial or labor dispute.

❖ Lockout means any temporary refusal of an


employer to furnish work as a result of an
industrial or labor dispute.

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