Introduction
1. What are the five (5) basic/principles on which Philippine labor laws are founded? (true only in a
democratic society) – foundation of labor laws
Principle – a fundamental truth adhered to and therefore serves as the basis of foundation for a system
of believe or behavior.
1. Principle of equal access to resources and opportunities
2. One’s right to meaningful participation in making decisions affecting him or her
3. Equal right to due process of law – the equal opportunity to defend oneself before one is placed
in prejudice or made to suffer
4. The state as represented by the government has power to regulate everything under its
territory
5. The primacy of the common good – the greatest good is the good of all
2. Social Justice – summary of all the principles of labor law
-a principle of how the elements or forces in a society should interrelate to each other …
- The promotion of the welfare of all people, the adaptation by the government of measures calculated
to insure economic stability of all competent elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelation of the members of the community, through the
adoption of measures legally justifiable or extra-constitutionality, through the exercise of power
underlying the existence of all governments on the time honored principle of Solus Populi Est Suprema
Lex.
- “Those who have less in life should have more in law”. How?
o Promulgate laws which protects the rights of those oppressed
o Giving rights to the poor
- Social Justice is neither communism, nor despotism, nor atomism, nor anarchy but (a) the
humanization of human laws (b) the equalization of social and economic forces of the State, so that
justice in its rational and objectively secular conception may at least be approximated. (Calalang v.
Williams)
3. Social Legislation
-laws that provides for rights and obligations between forces and society where one who is considered
weaker is given more rights to level them to the stronger ones – so that the fields are leveled so that no
one will exploit the other
-means to achieve social justice. How?
- by the nature of social legislation themselves
- These are laws passed by the State which create or define rights to (1)promote public welfare and
(2)provide particular kinds of protection or benefit to society or segments thereof in furtherance of
social justice.
4. The relationship between Social Justice and Social Legislation
- Social Legislation are the means to which Social Justice can be achieved.
- Laws are passed to put the employee in equal footing with the employer.
What government is exercised in the passage and implementation?
-police power
5. Constitutional foundation
-the bedrock or the basis on which other laws eminate
- The following Provisions of the 1987 Constitution are Relevant to Labor Law:
-depends on what principle of governance is held by the state
Article II
1. Section 9. The state shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life for
all.
2. Section 10. The state shall promote social justice in all phases of national development.
3. Section 18. The state affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
4. Section 20. The state recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Article III
5. Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
6. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.
7. Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
8. Section 18. No involuntary servitude in any form shall exist.
Article XII
9. Section 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the nation
for the benefit of the people; and an expanding productivity as the key to raising the quality of life for
all, especially the underprivileged.
The state shall promote industrialization and full employment based on sound agricultural development
and agrarian reform, through industries that make full and efficient use of human and natural resources,
and which are competitive in both domestic and foreign markets. However, the state shall protect
filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given
optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar
collective organizations, shall be encouraged to broaden the base of their ownership.
10. Section 12. The state shall promote the preferential use of filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.
11. Section 15. The congress shall create an agency to promote the viability and growth of cooperatives
as instruments for social justice and economic development.
Article XIII
12. Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
13. Section 3. The state shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The state shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The state shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns on
investments, and to expansion and growth.
14. Section 8. The state shall provide incentives to landowners to invest the proceeds of the agrarian
reform program to promote industrialization, employment creation, and privatization of public sector
enterprises. Financial instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.
15. Section 9. The state shall, by law, and for the common good, undertake, in cooperation with the
public sector, a continuing program of urban land reform and housing which will make available at
affordable cost decent housing and basic services to underprivileged and homeless citizens in urban
centers and resettlements areas. It shall also promote adequate employment opportunities to such
citizens. In the implementation of such program the state shall respect the rights of small property
owners.
16. Section 14. The state shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the service of the nation.
17. Section 15. The state shall respect the role of independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective interests
and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.
18. Section 16. The right of the people and their organizations to effective and reasonable participation
at all levels of social, political, and economic decision-making shall not be abridged. The state shall, by
law, facilitate the establishment of adequate consultation mechanisms.
Article XV
19. Section 3. The state shall defend:
(3) the right of the family to a family living wage and income
6. The role of International Labor Conventions in the Philippine Labor Legal System?
-International conventions – international agreements/contracts entered into between countries usually
under the … of the UN where countries are bound by such agreements
- The Philippines, being signatory in the International Labor Conventions must faithfully comply with its
international obligations by means of including ILC’s rules and provisions in our domestic laws like the
Labor Code.
- An employer cannot be taken into court by the employee by invoking ILOs
- The enforcement of ILO conventions is only an international community pressure
- they are not source of demandable rights and obligations but they bind the states …
7. The relationship between the provisions of the Labor Code and other related Philippine laws relevant
specifically to workers/employees
- Civil Code:
o Serves as suppletory to Labor Code. It means that when there is an issue that is not found in the
provisions of the Labor Code, it should be supplied by the Civil Code provisions.
- the provisions in relation to labor is still in effect – if there is a gray area in the labor code, it could be a
source of illumination is such area
13 provisions that direct relate to labor: 1700-1712
*labor contracts are not ordinary contracts before labor contracts are impressed with public interest
therefore they are subject to strict regulation by the state
What is the other contract that is impressed with public interest?
-contract of marriage
- Revised Penal Code: 272-27, 279, 288-289, 302, 310, 360
o Concurrently applied to the Labor Code, on top of Administrative Liabilities
8. The purposes/objectives sought to be achieved by Labor Laws as spelled out under the Labor Code
of the Philippines
Art. 3 of the Labor Code provides for the Objectives of Labor Laws
Labor Standards:
1. Protection to labor
2. Promotion of full employment
3. Ensure equal work opportunities
4. Regulate regulations between workers & employers
5. Ensure just & human work conditions
Labor Relations:
6. Rights of workers to self-organization
7. Collective bargaining
8. Security of tenure
9. The two (2) main divisions of Labor Laws
- Labor Standards – prescribes the minimum term and conditions of employment that employers must
comply and employees must be entitled to as a matter of right.
-provisions that define labor rights concerning terms and conditions of employment – rights of
employees and obligations of employers
- the baseline of the entitlements an employee is provided under the law
-wages
-hours of work
-non-wage related benefits – rest periods, leaves
- Labor Relations – provides for the mechanism, processes and procedures by which the rights of the
employees and employers are enforced and improved. It also provides strategies and mechanisms in
settling disputes between an employer and employee.
-laws providing for how the labor standards maybe enforced and improved
-mechanisms to raise the bar
Labor standards are generally set in the minimum that is why there is a room for improvement
10. Implementing Machinery; General authority of the Secretary of Labor; requirements for validity of
exercise of general authority
Crucial – the implementor is given the authority in the implementation of the rules and regulations
-to achieve the purpose of the authority to promulgate the IRR, such laws shall be given the force and
effect of the law
Implementing Machinery: 1. Department of Labor
3 General Authorities of the Sec. of Labor:
1. Rule – making body (Art. 5)
2. Regulatory Power (Art. 14)
3. Visitorial & Enforcement Power (Art. 128)
Requirements for a Valid Exercise:
11. Applicability of the Labor Code
-in general applies only to private sector employees.
Applicable: Private sector Employees
- Private companies
- GOCCs without Original Charter – came into existence not by the exercise of legislative authority but in
implementation of a law
Non-applicable:
1. Public sector employees & GOCCs with Original Charter who are governed by the Civil Service
Law
2. Employees of individuals granted with diplomatic immunity - employee rights can be enforced
by virtue of agreements between countries; can be enforced via DFA or whatever grievance
machinery has been stipulated in the contract
3. Employees of organizations purely carrying out religious missions with permit from DOLE
12. Employee – any individual employed by the employer.
- a person who does engages with another for the performance of a particular task for a compensation
under the direction and control of the employer
4 elements of employee:
1. Engagement by another party
2. For definite compensation
3. For definite task to be performed
4. Under the direction and control of the employer
13. Employer – any person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include government and all its branches, subdivisions and instrumentalities, all
government-owned or controlled corporations and institutions as well as non-profit private institution.
14. The Elements of Employer-Employee Relationship; Rights and Obligations
-deal with managerial prerogatives or employers rights – inherent to the employer, it comes to the
nature of being the employer
- employers rights are not given by law therefore they are not limited
-labor laws are enacted to limit the rights of the employer because if it will not be limited it is subject to
abuse – laws come in in the forms of the rights of employees
-the employer being the capital (basis of prerogative)
The Four Fold Test of Employer-Employee Relationship:
1. The power to hire
2. The power to determine how much to pay and who among employees may be paid such
3. The power to control the means and methods of accomplishing the work and prescribe the output of
work
4. The power to dismiss (prerogative on when to dismiss)
15. Employee classification under the Labor Code; significance
-importance: to determine what rights are attributed to them