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latter to Social Security Laws. Labor legislation focuses on the rights of the worker in
the workplace. Social legislation is a broad term and may include not only laws that
give social security protection, but also those that help the worker secure housing
and basic necessities. The Comprehensive Agrarian Reform Law could also be
considered a social legislation. All labor laws are social legislation, but not all social
legislation is labor law. (1994 Bar Question)
Q: What are the sources of labor laws?
A: 1. Labor Code and other related special legislation
2. Contract
3. Collective Bargaining Agreement
4. Past practices
5. Company policies
A. FUNDAMENTAL PRINCIPLES AND POLICIES 1.CONSTITUTIONAL PROVISIONS
Q: What are the constitutional mandates with regard labor laws?
A: 1. Sec. 3, Art. XIII 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 decisionmaking 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.
2. Sec. 9, Art. II The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.
3. Sec. 10, Art II The State shall promote social justice in all phases of national
development.
4. Sec. 11, Art II The State values the dignity of every human person and
guarantees full respect for human rights.
5. Sec. 13, Art. II The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual,
and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
6. Sec. 14, Art. II The State recognizes the role of women in nationbuilding, and
shall ensure the fundamental equality before the law of women and men.
7. Sec. 18, Art. II The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
8. Sec. 20, Art. II The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
9. Sec. 1, Art. III No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the laws.
10. Sec. 4, Art. III No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
11. Sec. 8, Art. III The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
12. Sec. 1, Art. XIII The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good. To this end, the
State shall regulate the acquisition, ownership, use, and disposition of property and
its increments.
13. Sec. 2, Art. XIII The promotion of social justice shall include the commitment
to create economic opportunities based on freedom of initiative and selfreliance.
14. Sec. 14, Art. XIII The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions, and such
facilities and opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.
Q: What is the State policy on labor as found in the constitution (Sec. 3,
Art. XIII)?
A: 1. Afford full protection to labor
2. Promote full employment
c. Art. 1702 In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.
d. Art. 1703 No contract which practically amounts to involuntary servitude,
under any guise whatsoever, shall be valid.
2. Revised Penal Code
Art. 289 Formation, maintenance and prohibition of combination of capital or labor
through violence or threats. Any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital or labor, strike of laborers or lockout
of employees, shall employ violence or threats in such a degree as to compel or
force the laborers or employers in the free and legal exercise of their industry or
work, if the act shall not constitute a more serious offense in accordance with the
provisions of the RPC. 3. Special Laws
a. GSIS Law
b. 13th Month Pay Law
c. Retirement Pay Law
d. SSS Law
e. Paternity Leave Act
f. Anti Child Labor Act
g. Anti Sexual Harassment Act
h. Magna Carta for Public Health Workers
i. Solo Parents Welfare Act of 2000
j. National Health Insurance Act as amended by R.A. 9241
k. Migrant Workers and Overseas Filipinos Act of 1995 as amended by RA 10022
l. PERA Act of 2008
m. Home Development Mutual Fund Law of 2009
n. The Magna Carta of Women
o. Comprehensive Agrarian Reform Law as amended by R.A. 9700
3.LABOR CODE
Q: What is the aim of labor laws?
Art. 6. Applicability
Q: To whom shall all rights and benefits under the LC apply?
A: GR: All rights and benefits granted to workers under the LC shall apply alike to
all workers, whether agricultural or nonagricultural. XPN:
1. Government employees (Ees)
2. Ees of government corporations created by special or original charter
3. Foreign governments
4. International agencies
5. Corporate officers/ intracorporate disputes which fall under P.D. 902A and now
fall under the jurisdiction of the regular courts pursuant to the Securities Regulation
Code (SRC).
6. Local water district except where NLRCs jurisdiction is invoked.
7. As may otherwise be provided by the LC