LABOR STANDARDS

1.
Labor relations - refers to that part of labor law which regulates the relations
between employers and workers. Example: Book V of the Labor Code which deals
with labor organizations, collective bargaining, grievance machinery, voluntary
arbitration, conciliation and mediation, unfair labor practices, strikes, picketing and
lockout.
Labor standards - refers to that part of labor law which prescribes the minimum
terms and conditions of employment which the employer is required to grant to its
employees. Examples: Books One to Four of the Labor Code as well as Book VI
thereof which deal with working conditions, wages, hours of work, holiday pay and
other benefits, conditions of employment of women, minors, house helpers and
homeworkers, medical and dental services, occupational health and safety,
termination of employment and retirement.
2.
Yes. It is stated in Article 211 of Labor Relations that it is a policy of the State to
encourage a truly democratic method of regulating the relations between the
employers and employees by means of agreements freely entered into through
collective bargaining, no court or administrative agency or official shall have the
power to set or fix wages, rates of pay, hours of work or other terms and conditions
of employment, except as otherwise provided under this Code.
3.
The State shall afford protection to labor, promote full employment, ensure equal
work opportunities regardless of sex, race or creed and regulate the relations
between workers and employers. The State shall assure the rights of workers to selforganization, collective bargaining, security of tenure, and just and humane
conditions of WORK.
4.
No, it is meant to promote employment and human resource development and
insure industrial peace based on social justice.
5.
The two (2) laws shall be declared as unconstitutional. Security of tenure does not
exclusively apply to regular employment only. It also applies to probationary,
seasonal, project and other forms of employment during the effectivity thereof. This
will serve as protection of the employees against the employer since the latter can
regulate, generally without restraint, according to its own discretion and
judgment, every aspect of its business.
6.
The workers shall participate in policy and decision-making processes 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 to
investments, and to expansion and growth.
7.
Doctrine of compassionate justice is doctrine that the harsh provisions of law
and the rigid rules of procedure may sometimes be tempered and dispensed with to
give room for compassion. Example: giving the separation pay for dismissed/erring
employee (based from the case of Tomada vs. RFM Corporation-Bakery Flour
Division, et al, G.R. No. 163270, September 11, 2009,).
8.
Social Justice is the fair and proper administration of laws conforming to the natural
law that all persons, irrespective of ethnic origin, gender, possessions, race, religion,
etc., are to be treated equally and without prejudice.
9.
Aside from the Labor Code as basis for the ruling regarding the doubts in labor
legislation or labor contracts, Philippine jurisprudence has long applied a rule that
any doubts in the interpretation of law, especially the Labor Code, will be resolved
in favor of labor and against management.
10.
Management Prerogative is employer's or management's unqualified-authority to
exercise its discretion in certain areas without discussions with or the agreement of
a union. Also called management rights, they are not subject to negotiations and
may be expressly stated as such in a collective bargaining agreement. They include
the rights to (1) assign and direct workforce, (2) determine the method to discipline
employees for just cause, (3) increase and reduce the workforce according to the
demand for firm's outputs or availability of money, (4) decide what products are
offered for sale, at what price, and by which method.
11.
No, although management prerogative refers to the right to regulate all aspects of
employment, it cannot be understood to include the right to temporarily withhold
salary/wages without the consent of the employee. To sanction such an
interpretation would be contrary to Article 116 of the Labor Code.
12.
Exceptions to Management Prerogative are the right of the management to
temporarily withhold salary/wages without the consent of the employee, to dismiss
a worker with unreasonable cause.
13.
Examples of management prerogatives are the rights to (1) assign and direct
workforce, (2) determine the method to discipline employees for just cause, (3)
increase and reduce the workforce according to the demand for firm's outputs or
availability of money.

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