labor law notes for quiz

8/11/2019 Labor Law Notes for Quiz

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(Based lang to sa Court Outline, Kulang-kulang pato. Ayusin ko na lang for midterms. Yung cases

picture-an ko nlang.hehe.. or pumasok tayo ngmaaaga at magdiscuss)Labor Law

Labor legislation statutes, regulations andjurisprudence governing the relations between capitaland labor, by providing certain standards and a legalframework for negotiating, adjusting and administeringthose standards and other incidents of employment.

Art. 3. Labor Code Declaration of basic policy. TheState shall afford protection to labor, promote fullemployment, ensure equal work opportunitiesregardless of sex, race or creed and regulate therelations between workers and employers. The Stateshall assure the rights of workers to self-organization,collective bargaining, security of tenure, and just andhumane conditions of work.

ARTICLE XIII Section 3. Constitution.The State shall afford full protection to labor,

local and overseas, organized and unorganized,and promote full employment and equality ofemployment 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 tostrike in accordance with law. They shall be entitled tosecurity of tenure, humane conditions of work, and aliving wage. They shall also participate in policy anddecision-making processes affecting their rights andbenefits as may be provided by law.

The State shall promote the principle of

shared responsibility between workers and employersand the preferential use of voluntary modes in settlingdisputes, including conciliation, and shall enforce theirmutual compliance therewith to foster industrial peace.

The State shall regulate the relations betweenworkers and employers, recognizing the right of laborto its just share in the fruits of production and the rightof enterprises to reasonable returns to investments, andto expansion and growth.

Social Justice-Constitution

Article II

Section 5. The maintenance of peace andorder, the protection of life, liberty, and property, andpromotion of the general welfare are essential for theenjoyment by all the people of the blessings ofdemocracy.

Section 10. The State shall promote socialjustice in all phases of national development.

Article XIII

Section 1. The Congress shall give highestpriority to the enactment of measures that protect andenhance the right of all the people to human dignity,reduce social, economic, and political inequalities, andremove cultural inequities by equitably diffusing wealthand political power for the common good.

To this end, the State shall regulate the acquisition,ownership, use, and disposition of property and itsincrements.cralaw

Section 2. The promotion of social justiceshall include the commitment to create economicopportunities based on freedom of initiative and self-reliance

Calalang vs. WilliamsSocial justice is "neither communism, nor

despotism, nor atomism, nor anarchy," but thehumanization of laws and the equalization of social andeconomic forces by the State so that justice in itsrational and objectively secular conception may at least

be approximated. Social justice means the promotionof the welfare of all the people, the adoption by theGovernment of measures calculated to insureeconomic stability of all the competent elements ofsociety, through the maintenance of a proper economicand social equilibrium in the interrelations of themembers of the community, constitutionally, throughthe adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powersunderlying the existence of all governments on thetime-honored principle of salus populi est suprema lex.

Social justice, therefore, must be founded onthe recognition of the necessity of interdependenceamong divers and diverse units of a society and of the

protection that should be equally and evenly extendedto all groups as a combined force in our social andeconomic life, consistent with the fundamental andparamount objective of the state of promoting thehealth, comfort, and quiet of all persons, and ofbringing about "the greatest good to the greatestnumber."

Right to Due Process and Right to Labor as aProperty

Article III, Sec. 1, ConstitutionNo person shall be deprived of life, liberty or

property without due process of the law, nor shall any

person be denied the equal protection of the laws.

Gender Equality and Protection of WomenArt. II Section 14.

The State recognizes the role of women innation-building, and shall ensure the fundamentalequality before the law of women and men.

Art XIII Section 14The State shall protect working women by

providing safe and healthful working conditions, taking


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into account their maternal functions, and suchfacilities and opportunities that will enhance their

welfare and enable them to realize their full potential inthe service of the nation.Right of Government Employees to Organize

Art III, Sec. 8The right of the people, including those

employed in the public and private sectors, to formunions, associations, or societies for purposes notcontrary to law shall not be abridged.

Art IX-B, Sec. 2 (5)The right to self-organization shall not bedenied to government employees.

Protection to rights of employersArt II, Sec. 20

The State recognizes the indispensable role ofthe private sector, encourages private enterprise, andprovides incentives to needed investments.

Art. XII, Sec. 3, Par 4

The State shall regulate the relations betweenworkers and employers, recognizing the right of laborto its just share in the fruits of production and the rightof enterprises to reasonable returns to investments, andto expansion and growth.

Management Prerogative- management is free to regulate, according to

its own discretion and judgment, all aspects ofemployment, including hiring, workassignments, working methods, time, placeand manner of work, processes to befollowed, supervision of workers, workingregulations, transfer of employees, work

supervision, layoff of workers and discipline,dismissal, and recall of workers

SECTION 2.Civil Code - Contract of Labor (n)Art. 1700. The relations between capital and labor arenot merely contractual. They are so impressed withpublic interest that labor contracts must yield to thecommon good. Therefore, such contracts are subject tothe special laws on labor unions, collective bargaining,strikes and lockouts, closed shop, wages, workingconditions, hours of labor and similar subjects.

Art. 1701. Neither capital nor labor shall actoppressively against the other, or impair the interest or

convenience of the public.Art. 1702. In case of doubt, all labor legislation and alllabor contracts shall be construed in favor of the safetyand decent living for the laborer.

Art. 1703. No contract which practically amounts toinvoluntary servitude, under any guise whatsoever, shallbe valid.

Art. 1704. In collective bargaining, the labor union ormembers of the board or committee signing thecontract shall be liable for non-fulfillment thereof.

Art. 1705. The laborer's wages shall be paid in legalcurrency.

Art. 1706. Withholding of the wages, except for a debtdue, shall not be made by the employer.

Art. 1707. The laborer's wages shall be a lien on thegoods manufactured or the work done.

Art. 1708. The laborer's wages shall not be subject toexecution or attachment, except for debts incurred forfood, shelter, clothing and medical attendance.

Art. 1709. The employer shall neither seize nor retainany tool or other articles belonging to the laborer.

Art. 1710. Dismissal of laborers shall be subject to thesupervision of the Government, under special laws.

Art. 1711. Owners of enterprises and other employersare obliged to pay compensation for the death of orinjuries to their laborers, workmen, mechanics or otheremployees, even though the event may have beenpurely accidental or entirely due to a fortuitous cause, ifthe death or personal injury arose out of and in thecourse of the employment. The employer is also liable

for compensation if the employee contracts any illnessor disease caused by such employment or as the resultof the nature of the employment. If the mishap wasdue to the employee's own notorious negligence, or

voluntary act, or drunkenness, the employer shall notbe liable for compensation. When the employee's lackof due care contributed to his death or injury, thecompensation shall be equitably reduced.

Art. 1712. If the death or injury is due to the negligenceof a fellow worker, the latter and the employer shall besolidarily liable for compensation. If afellow worker'sintentional malicious act is the only cause of the deathor injury, the employer shall not be answerable, unlessit should be shown that the latter did not exercise due

diligence in the selection or supervision of theplaintiff's fellow worker.

Labor Law- Legal Bases1. Police power of the State- Magan vs. Medicard2. Constitution

Art. II, Sec. 9Art. III, Sec. 18(2)Art. XIII, Sec. 11

3. International Conventions:1987 Constitution - Art. II, Sec. 2

Universal Declaration of Human RightsInternational Covenant on Economic, Social

and Cultural RightsInternational Convention on Civil andPolitical Rights

ILO Declaration on Fundamental Principlesand Rights at WorkRatified ILO Conventions are considered PhilippinesLabor Laws pertaining to 4 KEY ISSUES:

Freedom of association

Abolition of forced labor

Abolition of child labor and


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Non-discrimination in work or employmentconditions.

Sources of Labor Law-Labor Code and its IRR- Decisions of the Court and Quasi judicial bodies-Contracts

Art. 1. Name of the DecreeLABOR CODE OFTHE PHILIPPINESArt. 2. Date of EffectivitySix (6) months afterits promulgation

The Labor Code was promulgated as PD 442 on May1, 1974 and took effect on November 1, 1974,EXCEPT portions of Book IV whose effectivity wasdeferred to January 1, 1975 by PD 608. Note: BookIV is undergoing revisions as of this time.

Art. 4. Construction in favor of laborAll doubtsin the implementation and interpretation of the

Labor Code including its IRR, shall be resolved INFAVOR OF LABOR.BUT every labor dispute will NOT be automaticallyresolved in favor of labor.

WHEN TO APPLY

Only when there is doubtWHEN NOT TO APPLY

When the contract is clear

When the law is clear

When there is no law to interpretThese laws should be interpreted with a view that theyremedial in nature; they are enacted to better the lotand promote the welfare of the members of the

laboring class.

Art. 5. Rules and RegulationsThe power of the DOLE is rule-making not lawmaking. Therefore, it cannot make, amend, repeal, orlegislate beyond the scope of the Labor Code, orcontravene its provisionsRules and regulations cannot contradict or modify thelaw they intend to implement; otherwise they may bedeclared void.

The subordinate character of administrative regulationsaccords with the maxim that the spring cannot risehigher than its source.

Art. 6. Applicability

The Labor Code applies primarily to the private sectorand to GOCCs organized under the GeneralCorporation Code.

ARTICLE 276. Government employees. Theterms and conditions of employment of all governmentemployees, including employees of government-ownedand controlled corporations, shall be governed by the

Civil Service Law, rules and regulations. Their salariesshall be standardized by the National Assembly asprovided for in the New Constitution. However, thereshall be no reduction of existing wages, benefits andother terms and conditions of employment beingenjoyed by them at the time of the adoption of thisCode.

Enforcement and SanctionsLC - Art. 128. Visitorial and enforcement powerLC - Art. 217. Jurisdiction of the Labor Arbiters andthe CommissionLC - Art. 129. Recovery of wages, simple money claimsand other benefitsLC - Art. 288. PenaltiesLC - Art. 289. Who are liable when committed by otherthan natural personLC - Art. 290. OffensesLC - Art. 291. Money claimsLC - Art. 292. Institution of money claims

Constitution, Art. III, Sec. 11Constitution, Art. III, Sec. 16

Company PracticeCompany Policies

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