Introductory Part: Labor Law - branch of law w/c governs and regulates the relationship between employers and

d employees. Labor Standards - prescribes the minimum requirements for wages, hours of work, cost of living allowances and other welfare and monetary benefits including occupational health and safety standards. Labor Relations -regulates the activities of labor organizations and prescribes the procedure of collective bargaining and the modes and machineries of settlement of disputes. Labor Law includes Social Legislation -statutes enacted to promote the interests of labor and for the protection and welfare of employees -laws and statutes enacted pursuant to the social justice clause of the Constitution

Social Justice (Calalang vs. Williams) History of Philippine Labor Laws -During the Spanish Regime, relationship between employers and employees are governed by Code of Commerce. The relationship between master and domestic help was governed by Civil Code. -Efforts to protect labor started during the American regime. -Prior promulgation of Martial Law, Presidential Decreeswere enacted. 1. P.D. 21- NLRC 2. P.D. 99- compensation for household helpers 3. P.D. 133- heavy penalty for theft of company property by employees and laborers 4. P.D. 143- weekly rest day 5. P.D. 220- SSS benefits, retirement gratuities and pensions and other similar benefits exempted from income taxes - During Martial Law, Labor Code was enacted. 1. P.D. 1751- emergency cost of living allowances were integrated in the the basic pay 2. Thirteenth Month Pay Law was enacted

 Constitutional Basis of Labor Law and Social Legislation

Art. 13. Sec.3. Art. 2. Sec. 18 Art. 2. Sec. 10 Art. 2. Sec. 21 Art. 2. Sec. 14 Basic Principles: 1. Relations between capital and laborare not merely contractual but must be impressed with public interest. Labor contracts must yield with the common good. 2. Right of a person to his labor is deemed property within the meaning of constitutional guarantees. The person cannot be deprived by employment without due process of law. 3. No involuntary servitude in any form shall existexcept as a punishment for acrime whereof the party shall have been duly convicted. 4. Neither capital nor labor shall act oppressively against the other or impair the interest or convenience of the public. 5. The law in protecting the rights of employees authorizes neither oppression nor selfdestruction of the employer. 6. The employer cannot be compelled to give employment to a greater number of persons than the economic operations of his business requires. 7. The right of employees to self-organization does not take away the prerogative of the employer to discipline his employees. The employee cannot evade the disciplinary action for misconduct by invoking that what he did was a union activity. 8. Judicial officers cannot be empowered to substitute their judgment for that of the employer in the conduct of his business. They can only reduce penalties meted out to erring employees. 9. Fair days wage for a fair days labor. If there is no work, there is no pay except if the employee was willing, able and ready to work but he was illegally locked out, dismissed or suspended. 10. Expectations of employee- just wage and just treatment Expectations of employer- good work diligence and good behavior Presidential Decree No. 442 Art. 1. Labor Code of the Philippines -development and employment goals -NLRC must facilitate the speedy settlement of labor disputes

- new system of workmens compensation -system for employment of overseas workers -voluntary arbitration as a mode of settling disputes Art. 2. Date of Effectivitysix months after its promulgation Promulgation: May 1, 1974 Date of Effectivity: Nov. 1, 1974

Art. 3 Declaration of State Policy (8)- p2er2-csj 1. protection of labor 2. promote full employment 3. equality of employment opportunities 4. regulate relations of workers and employers 5. right of workers to self organization, 6. collective bargaining, 7. security of tenure and 8. just and humane conditions of work Reason for affording protection to labor: 1. Raise the worker to equal footing with the employer -greater supply than demand of labor -labor is a desperate necessity 2. Shield the worker from abuses brought about by necessity of survival Extent of Protection: -also against unscrupulous union leaders -requirement for fair dealing between the union and its members, which is fiduciary in nature and has two factors: 1. degree of dependence of the worker to its union 2. comprehensive power of union to the worker Limitations: 1. cannot be used to defeat the rights and prerogative of the employer. 2. cannot be used as an excuse to distribute charities at the expense of the employer 3. notvailable where both parties violated the law Art. 4. Construction in favor of Labor -Codal Reason for the law -those who have less in life should have more in law

-the heavier the influence of the capital must be counterbalanced by the sympathy and compassion of the law must accord the underprivileged worker Applicability -This article applies only when there is a doubt. Limitation Does not obliged the court to be unfair and unjust to employers