Read Art. 212, Labor Code of The Philippines Article 212. Definitions

1. Read Art.
212, Labor Code of the Philippines

Article 212. Definitions.
"Commission" means the National Labor Relations Commission or any of its divisions, as the
case may be, as provided under this Code.
"Bureau" means the Bureau of Labor Relations and/or the Labor Relations Divisions in the
regional offices established under Presidential Decree No. 1, in the Department of Labor.
"Board" means the National Conciliation and Mediation Board established under Executive
Order No. 126.
"Council" means the Tripartite Voluntary Arbitration Advisory Council established under
Executive Order No. 126, as amended.
"Employer" includes any person acting in the interest of an employer, directly or indirectly. The
term shall not include any labor organization or any of its officers or agents except when acting
as employer.
"Employee" includes any person in the employ of an employer. The term shall not be limited to
the employees of a particular employer, unless the Code so explicitly states. It shall include any
individual whose work has ceased as a result of or in connection with any current labor dispute
or because of any unfair labor practice if he has not obtained any other substantially equivalent
and regular employment.
"Labor organization" means any union or association of employees which exists in whole or in
part for the purpose of collective bargaining or of dealing with employers concerning terms and
conditions of employment.
"Legitimate labor organization" means any labor organization duly registered with the
Department of Labor and Employment, and includes any branch or local thereof.
"Company union" means any labor organization whose formation, function or administration
has been assisted by any act defined as unfair labor practice by this Code.
"Bargaining representative" means a legitimate labor organization whether or not employed
by the employer.
"Unfair labor practice" means any unfair labor practice as expressly defined by the Code.
"Labor dispute" includes any controversy or matter concerning terms and conditions of
employment or the association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and employee.
"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. All employees not
falling within any of the above definitions are considered rank-and-file employees for purposes
of this Book.
"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, or one chosen with or without the assistance of the National Conciliation
and Mediation Board, pursuant to a selection procedure agreed upon in the Collective
Bargaining Agreement, or any official that may be authorized by the Secretary of Labor and
Employment to act as Voluntary Arbitrator upon the written request and agreement of the
parties to a labor dispute.
"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.
"Internal union dispute" includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by laws of a union, including any
violation of the rights and conditions of union membership provided for in this Code.
"Strike-breaker" means any person who obstructs, impedes, or interferes with by force,
violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or
conditions of work or in the exercise of the right of self-organization or collective bargaining.
"Strike area" means the establishment, warehouses, depots, plants or offices, including the
sites or premises used as runaway shops, of the employer struck against, as well as the
immediate vicinity actually used by picketing strikers in moving to and fro before all points of
entrance to and exit from said establishment. (As amended by Section 4, Republic Act No.
6715, March 21, 1989)
2. Art 1306, New Civil Code (& review oblicon)

ART. 1306. The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient provided they are not contrary to law, morals, good
customs, public order, or public policy.
3. Art 280 and 281, Labor Code of the Philippines
Article 280. Regular and casual employment. The provisions of written agreement to the

contrary notwithstanding and regardless of the oral agreement of the parties, an employment
shall be deemed to be regular where the employee has been engaged to perform activities
which are usually necessary or desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific project or undertaking the completion or
termination of which has been determined at the time of the engagement of the employee or
where the work or service to be performed is seasonal in nature and the employment is for the
duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph:
Provided, That any employee who has rendered at least one year of service, whether such
service is continuous or broken, shall be considered a regular employee with respect to the
activity in which he is employed and his employment shall continue while such activity exists.
Article 281. Probationary employment. Probationary employment shall not exceed six (6)

months from the date the employee started working, unless it is covered by an apprenticeship
agreement stipulating a longer period. The services of an employee who has been engaged on
a probationary basis may be terminated for a just cause or when he fails to qualify as a regular
employee in accordance with reasonable standards made known by the employer to the
employee at the time of his engagement. An employee who is allowed to work after a
probationary period shall be considered a regular employee.
4. Read Avelino Alilin vs PETRON GR 177592, June 9, 2014
https://lawyerly.ph/juris/view/cdeb9

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1. Read Art.

212, Labor Code of the Philippines

2. Art 1306, New Civil Code (& review oblicon)

3. Art 280 and 281, Labor Code of the Philippines

Article 280. Regular and casual employment. The provisions of written agreement to the

Article 281. Probationary employment. Probationary employment shall not exceed six (6)

4. Read Avelino Alilin vs PETRON GR 177592, June 9, 2014

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