1: Name of Decree
Work
Labor Standards
provide the least terms and conditions of employment that employers must
comply with and to which employees are entitled as a matter of legal right
the minimum requirements prescribed by existing laws, rules and regulations
relating to wages, hours of work, cost-of-living allowance and other monetary and
welfare benefits, including occupational, safety and health standards
Labor Relations
defines the status, rights and duties and the institutional mechanisms that govern
the individual and collective interactions, of employers, employees or their
representatives
issues about employment tenure and termination fall in this area of labor
2.
Labor
Skill
Employee
salaried person working for another who controls or supervises the means, manner or
method of doing the work
employment relationship is expounded in Book III of this work
Social Legislation are those laws that provide particular kinds of protection or benefits
to society or segments thereof in furtherance of social justice
In that sense, labor laws are necessarily social legislation
Labor laws are social legislation but not all social legislation are labor laws
Concept of social legislation is broader than labor law
Social Justice
understood as physical toil although it does not necessarily exclude the application of
skill, thus there is skilled and unskilled labor
Worker
the familiar knowledge of any art or science, united with readiness and dexterity in
execution or performance or in the application of the art or science to practical
purposes
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Constitution guarantees equitable sharing of the social and material goods on the
basis of efforts exerted in their production (Guido v Rural Progress Administration)
Constitution gave it fundamental significance as provided in Sec 9 and 10 of Art. II and
in Art. XIII of the 1987 Constitution
concept of social justice transcends the economic sphere
political equality is likewise a goal of social justice
While labor is entitled to a just share in the fruits of production, the enterprise has an
equally important right not only to reasonable returns on investment but also to
expansion and growth
Private sector plays an indispensable role while labor is a primary economic force
Constitutional outlook suggests a balance treatment of workers and employers
Private Enterprise
Constitutional rights and mandates
Labor Code is an instrument to carry out constitutional mandates like other laws
initiated by Congress
In case of conflict between the provisions of the Labor Code and the Constitution, the
latter prevails
Sec 18 Art II of the 1987 Constitution declares as a state policy: The state affirms
labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare.
In the article on social justice, the Constitution commands: :The state shall afford
protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality if employment opportunities for all
Guaranteed Basic Rights of workers enumerated in the Constitution (Sec 3 Art XIII)
1.
2.
3.
4.
5.
6.
7.
to organize themselves
to conduct collective bargaining or negotiation with management
to engage in peaceful concerted activities including to strike in accordance with law
to enjoy security of tenure
to work under humane conditions
to receive a living wage
to participate in policy and decision making process affecting their rights and benefits
as may be provided by law
Other Constitutional provisions concerning the rights and welfare of workers (Azucena,
2013, p12-14)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
While social justice is the raison detre of labor laws, their basis or foundation is the
police power of the State.
It is the power of the government to enact laws, within constitutional limits, to promote
order, safety, health, morals and general welfare of society
Constitution foes not secure the liberty to conduct a business so as to injure the public
at large or any substantial group
!987 Constitution is characterized as especially pro-labor for the rights of workers and
employees have acquires new dimensions while some concepts have been
constitutionalized
defined by Sec 4 of TESDA Law as and economic system under which property
of all kinds can be privately owned and in which individuals, alone or in
association with another, can embark on a business activity
included industrial, agricultural, or agro-industrial establishments engaged to the
production, manufacturing, processing, repacking or assembly of goods including
service-oriented enterprises
1968:
writing of the labor code began under the leadership of Blas Ople (Father of the
Labor Code)
not only consolidated the existing legislation but also reconciled them t the needs
of economic development and justice
this aims was the prescription of Comprehensive Employment Strategy Mission
of the International Labor Organization that the elevation of real wages, incomes
and living standards was a function of employment generation and economic
expansion
road to the approval of the Code was long and tortuous
project had to gather contributions from the different bureaus of DOLE, IBP, UP
Law Center etc.
After 7 times of drafting, the Code was ratified by a National Tripartite Congress
submitted to th President on May 1, 1973
undergone further revisions
1974
it was signed into law as PD No. 442
it was announced to take effect six months after (Marcos regime)
months of silence followed
when it resurfaced, it was loaded with extensive changes through PD No. 570-A
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decree was made public, signed and declared to take effect on November 1,
1974
no prior announcement, publication (it was an instance of dictatorial lawmaking)
3.
4.
5.
6.
7.
oldest
enacted on June 19, 1908
RA No. 1054
-
American court decisions influence our court rulings (as evidenced by the Industrial
Peace Act)
where our labor statutes are based upon or patterned after statutes in foreign
jurisdiction, the decisions of the high courts in those jurisdictions construing and
interpreting the Act should receive the careful attention of our court in the application
of our law
Labor Code (PD No. 442, as amended) is a set of substantive and procedural laws
that prescribe the principal rights and responsibilities of employers, employees and
other industrial participants, as well as the role of the Government, in employment and
related activities, so as to institute social justice
it lays down the fundamental rights and correlative obligations of employers and
employees to each other such as those about work days and work hours, wage etc
those rights are enforceable through procedures prescribed in the Code
It is not one-sided. It is not meant to protect a sector to oppress another. It protects the
interests of both the employer and employees (based from Art. 1 of Bill of Rights)
viewed in its broad ordinary sense as work and work relationship, referring to any
economically productive application of physical, mental and material resources.
CSNAVARRO, JD 2017
simply means work and does not exclude the work of business owners and managers
2.
Although the language of the code is legal, its objective is socio economic: the well
being of the people
Labor Code and laws are instruments of socio economic development
its mission is to uplift the living condition of the masses
it is not meant to make the rich richer and the poor poorer
however, labor law should not punish the rich just because they are rich, but the law
should temper greed or rechannel excessive wealth (by shared growth which is by
reducing poverty and ensuring that the poor share substantially in the benefits of
economic growth)
Related Laws
1.
Civil Code
describes basically the nature of labor-management relations (Art. 1700, 1701)
proscribes involuntary servitude (Art 1703)
contains provisions regarding wages, house helpers, and injuries sustained by
employees
relating to awards of damages, interpretation of collective bargaining agreement,
validity of a waiver, preference of workers claims and fixed period employment
2.
3.
Special Laws
includes SSS law, GSIS law, Agrarian Reform law, 13th month pay law, Magna
Carta for Public Health Workers etc
International Aspect
1.
3.
4.
International Commitments
being a member of ILO, the Phils. subscribes to the fundamental principles on
which the ILO is based:
a) labor is not a commodity
b) freedom of expression and association are essential to sustained
progress
c) that poverty anywhere constitutes a danger to prosperity everywhere
d) the war against want requires to be carried on with unrelenting vigor
within each nation and by continuous and concerted international effort
in which the representatives of workers and employers, enjoying equal
status with those of governments, join with them in free discussion and
democratic decision with a view to the promotion of the common
welfare
As ILO member, the Phils. is committed to pursue programs that will achieve
certain objectives including:
a) full employment and the raising of standards of living
b) policies in regard to wages and earnings, hours and other condition of
work to ensure a just share of the fruits of progress to all
c) effective recognition of the right of collective bargaining, the
cooperation of management and labor in the continuous improvement
of productive efficiency and the collaboration of workers and employers
in the preparation and application of social and economic measures
d) extension of social security measures to provide a basic income to all
in need of such protection
ILO Core Conventions
responsibility of each member-state t ensure that the necessary implements for
the improvement of individual and collective conditions of work are embedded in
their respective national legislation
8 Core Conventions:
a) Forced Labor Convention
b) Freedom of Association and Protection of the Right to Organize Convention
c) Right t Organize and Collective Bargaining Convention
d) Equal Remuneration Convention
e) Abolition of Forced Labor Convention
f)
Discrimination
g) Minimum Age Convention
h) Worse Forms of Child Labor Convention
Ratification generally needed; exception
ILO conventions are binding only for those member-states that ratify them
However, ILO adopted a Declaration on Fundamental Principles and Rights at
Work concerning an obligation of all ILO members to respect and promote the
fundamental rights even if they have not ratified the conventions
Phils. has ratified more than 30 ILO Conventions including the 8 Core
Conventions
CSNAVARRO, JD 2017