Labor 1. Exertion by human beings of physical or mental efforts, or both, towards the production of goods and services. 2.

Also means that sector or group in a society, which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction (Mendoza, 2001) Labor Legislation - consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. 1. Art. XIII, Sec. 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 process 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 of investments, and to expansion and growth. ART. 3: DECLARATION OF BASIC POLICY The State shall: (APERA) 1. Afford protection to labor; 2. Promote full employment; 3. Ensure equal work opportunities regardless of sex, age or creed; 4. Regulate the relations between workers and employers; and 5. Assure the right of workers to: (JSSC) a. just and humane conditions of work; b. self-organization; c. security of tenure; and d. collective bargaining.

It is a shared responsibility aimed at a constitutional balance between protection to labor and prevent oppression to capital. The protection of the rights of workers cannot justify disregard of relevant facts in the construction of the text and applicable rules in order to arrive at a disposition in favor an employee (Philippine Airlines, Inc. vs. NLRC, 201 SCRA 687).

ART. 12: POLICY OF THE STATE (Pro2-Fac2-ReSl) 1. To Promote and maintain a state of full employment through improved manpower training; allocation and utilization; 2. To Protect every citizen by securing for him the best possible terms and condition of employment; 3. To Facilitate a free choice of available employment by persons seeking work in conformity with the national interest; 4. To Facilitate and regulate the movement of workers in conformity with the national interest; 5. To Regulate the employment of aliens, including the establishment of a registration and/or permit system; 6. Strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas to serve national development objectives; and 7. To Insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad. Recruitment and Placement any act of (CETCHUP) canvassing, enlisting, transporting, contracting, hiring, utilizing or procuring workers, and includes (CRAP)contract services,referrals, advertising or promising for employment, locally or abroad, whether for-profit or not; Provided, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. Elements of engaging in recruitment and placement activities: 1. The complainant had a distinct impression that the accused had the power to send complainant abroad for work; and 2. The complainant was convinced to part with his money in order to be so employed (People v. Goce, GR No.113161, August 29, 1995).