Labor Law Lecture

8/3/2019 Labor Law Lecture

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LABOR LAWLABOR LAW


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Basic ConceptBasic Concept

Labor in its broadest sense, includes everyLabor in its broadest sense, includes everypossible human exertion, mental orpossible human exertion, mental or

physical, and even spiritual.physical, and even spiritual. In a more limited sense, it refers to anyIn a more limited sense, it refers to any

bodily or intellectual exertion done whollybodily or intellectual exertion done whollyor partly for a purpose other than theor partly for a purpose other than the

pleasure derived from its performance.pleasure derived from its performance.


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Labor Law definedLabor Law defined

The law governing the rights and duties ofThe law governing the rights and duties ofthe employer and employeesthe employer and employees

with respect to the terms and conditions ofwith respect to the terms and conditions ofemployment andemployment and

with respect to labor disputes arising fromwith respect to labor disputes arising fromcollective bargaining respecting such termscollective bargaining respecting such terms

and conditionsand conditions


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Labor Standards LawLabor Standards Law

The minimum requirements prescribed byThe minimum requirements prescribed byexisting laws, rules and regulationsexisting laws, rules and regulations

relating to wages, hours of work, costrelating to wages, hours of work, cost--ofof--living allowance, and other monetary andliving allowance, and other monetary andwelfare benefits, including occupational,welfare benefits, including occupational,safety, and health standards.safety, and health standards.


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Labor Relations LawLabor Relations Law

Defines the status, rights, duties, and theDefines the status, rights, duties, and theinstitutional mechanisms, that govern theinstitutional mechanisms, that govern the

individual and collective interactions ofindividual and collective interactions ofemployers and employees or theiremployers and employees or theirrepresentativesrepresentatives


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Labor Law and Social LegislationLabor Law and Social Legislation

Social legislations are those laws thatSocial legislations are those laws thatprovide particular kinds of protection orprovide particular kinds of protection or

benefits to society or segments thereof inbenefits to society or segments thereof infurtherance of social justice.furtherance of social justice.


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Social Justice as the AimSocial Justice as the Aim

Social justice is neither communism, norSocial justice is neither communism, nordespotism, nor atonism, nor anarchy, butdespotism, nor atonism, nor anarchy, but

the humanization laws and thethe humanization laws and theequalization of social and economicequalization of social and economicforces by the Stateforces by the State so that justice in itsso that justice in itsrational and objectively secular conceptionrational and objectively secular conception

may at least be approximated.may at least be approximated.


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Declaration of State PoliciesDeclaration of State Policies

Basis for EnactmentBasis for Enactment Article II, Sec. 5Article II, Sec. 5

Article II, Sec. 9Article II, Sec. 9

Article II, Sec. 10Article II, Sec. 10 Article II, Sec. 18Article II, Sec. 18

Article XIII, with 14 sectionsArticle XIII, with 14 sections SocialSocial

Justice and Human RightsJustice and Human Rights


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Constitutional Rights and MandatesConstitutional Rights and Mandates

Art. 3. Declaration of basic policy.Art. 3. Declaration of basic policy. TheTheState shall afford protection to labor,State shall afford protection to labor,promote full employment, ensure equalpromote full employment, ensure equal

work opportunities regardless of sex, racework opportunities regardless of sex, raceor creed and regulate the relationsor creed and regulate the relationsbetween workers and employers. Thebetween workers and employers. TheState shall assure the rights of workers toState shall assure the rights of workers toselfself--organization, collective bargaining,organization, collective bargaining,security of tenure, and just and humanesecurity of tenure, and just and humaneconditions of work. (Labor Code)conditions of work. (Labor Code)


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THE 1987 CONSTITUTIONTHE 1987 CONSTITUTION

ARTICLE XIIIARTICLE XIII

LABORLABOR

Section 3. The State shall afford full protection to labor, local and overseas, organizedSection 3. The State shall afford full protection to labor, local and overseas, organizedand unorganized, andand unorganized, and promote full employment and equality of employmentpromote full employment and equality of employmentopportunities for all.opportunities for all.

It shall guarantee the rights of all workers to selfIt shall guarantee the rights of all workers to self--organization, collective bargainingorganization, collective bargaining

and negotiations, and peaceful concerted activities, including the right to strike inand negotiations, and peaceful concerted activities, including the right to strike inaccordance with law. They shall be entitled to security of tenure, humane conditionsaccordance with law. They shall be entitled to security of tenure, humane conditionsof work, and a living wage. They shall also participate in policy and decisionof work, and a living wage. They shall also participate in policy and decision--makingmakingprocesses affecting their rights and benefits as may be provided by law.processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers andThe State shall promote the principle of shared responsibility between workers andemployers and the preferential use of voluntary modes in settling disputes, includingemployers and the preferential use of voluntary modes in settling disputes, includingconciliation, and shall enforce their mutual compliance therewith to foster industrialconciliation, and shall enforce their mutual compliance therewith to foster industrial

peace.peace.

The State shall regulate the relations between workers and employers, recognizingThe State shall regulate the relations between workers and employers, recognizingthe right of labor to its just share in the fruits of production and the right ofthe right of labor to its just share in the fruits of production and the right ofenterprises to reasonable returns to investments, and to expansion and growth.enterprises to reasonable returns to investments, and to expansion and growth.


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As a consequence of the constitutionalAs a consequence of the constitutional

mandate, the State is dutymandate, the State is duty--bound tobound to

provide and guarantee the following:provide and guarantee the following:

Full protection to labor;Full protection to labor;

Promotion of full employment;Promotion of full employment; Promotion of equal work opportunitiesPromotion of equal work opportunities

regardless of sex, race or creed;regardless of sex, race or creed;

Regulation of the relations betweenRegulation of the relations betweenworkers and employers;workers and employers;

Protection of the rights of workersProtection of the rights of workers


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Rights of workersRights of workers

SelfSelf--organization;organization;

Collective bargaining;Collective bargaining;

Security of tenure; andSecurity of tenure; and Just and humane conditions of work.Just and humane conditions of work.


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Labor and Social legislation are enactedLabor and Social legislation are enactedpursuant to the police power of the State.pursuant to the police power of the State.

PolicePolice PowerPower thethe powerpower toto enact enactwholesomewholesome andand reasonablereasonable lawslaws totopromotepromote order,order, safety,safety, health,health, morals,morals, andandgeneralgeneral welfarewelfare ofof societysociety..


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Birth of the Labor CodeBirth of the Labor Code

The writing of a labor code began in 1968 underThe writing of a labor code began in 1968 underthe leadership of the then Minister of Labor, Mr.the leadership of the then Minister of Labor, Mr.Blas F. Ople, who deserves being regarded asBlas F. Ople, who deserves being regarded asthe Father of the Labor Codethe Father of the Labor Code

Ratified by a National Tripartite Congress onRatified by a National Tripartite Congress onApril 28, 1973April 28, 1973

Submitted to the President on May 1, 1973Submitted to the President on May 1, 1973 It was signed into law as PD No. 442 on May 1,It was signed into law as PD No. 442 on May 1,

19741974 By endBy end--2006, the Code has been expressly2006, the Code has been expressly

amended by 20 PDs, 11 Eos, 4 BPs, and 16 RAsamended by 20 PDs, 11 Eos, 4 BPs, and 16 RAs

Labor Law Lecture

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