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THE 1987 CONSTITUTION OF THE

PHILIPPINES AND LABOR AND SOCIAL
LEGISLATION IN THE COUNTRY
By DEAN FROILAN M. BACUNGAN
Labor and Social Legislation in the Philippines is not just the exercise of police
power by the State. It is actually compliance by the Legislative Department, the
Congress of the Philippines, of categorical mandates of the Constitution dealing
with Labor.
Labor and Social Legislation Defined
One of the State policies enunciated in the 1987 Constitution of the
Philippines is embodied in this statement: The State affirms labor as a primary
social economic force. It shall protect the rights of workers and promote their
welfare. (Art. II, Sec. 18)
Labor and Social Legislation would refer to those laws that are enacted to
implement the above policy.
Provisions on Labor found in the 1987 Constitution: Their significance
The 1987 Constitution has these provisions on Labor: a.The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare. (Art. II, Sec. 18)
b. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunity 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 processes affecting their rights and
benefits as may be provided by law.

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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 on investments, and to expansion and
growth. (Art. XIII, Sec. 3)
The 1987 Constitution has also these provisions: a.
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. (Art. III, Sec. 8)
In connection with the above right, there is also this provision: The right
to self-organization shall not be denied to government employees. (Art. IXB,
Sec. 2[5])
b.
The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that help
make them competitive. (Art. XII, Sec. 12).
c.
The State shall protect working women by providing safe and
healthful working conditions, taking into account their material 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. (Art. XIII, Sec.
14)
On the basis of the above constitutional provisions on Labor, it could be
stated that there are these Constitutional mandates:
1.
The State should afford full protection to labor, local and overseas,
organized and unorganized.
2.
It should promote full employment, and also equality of
employment opportunities for all.
3.
It should ensure for workers security of tenure, humane conditions
of work and a living wage.

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4.
It should 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.
In connection with the above labor relations rights, the State should
promote the principle of shared responsibility between workers and employers.
Workers are to participate in policy and decision making processes affecting
their rights and benefits as may be provided by law. The State should likewise
promote the preferential use of voluntary modes in settling disputes, including
conciliation, and should enforce mutual compliance therewith to foster
industrial peace.
5.
In regulating the relations between workers and employers, the
State should recognize the right of labor to its just share in the fruits of
production and the right of enterprises to reasonable returns on investments, and
to expansion and growth.
6.
As regards those employed in the public sector, their right to form
unions should be recognized and guaranteed as those in the private sector.
7.

The State should promote the preferential use of Filipino labor.

8.
Special attention should be given to working women; they should
be provided with safe and healthful working conditions and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation.
In the 1973 Constitution, in its Article II. DECLARATION OF
PRINCIPLES AND STATE POLICIES, there is this provision: The State
shall establish, maintain, and ensure adequate social services in the field of
education, health, housing, employment, welfare and social security to
guarantee the enjoyment by the people of a decent standards of living.
The reference to social security in the aforesaid provision could be
considered as included under the phrase humane conditions of work in the
1987 Constitution.
How the constitutional mandates on Labor have been implemented
Laws have been enacted that implement the constitutional mandates on
labor.

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The principal law is the Labor Code of the Philippines which is easily one
of the most important Presidential Decrees promulgated during the 14-year
Martial Law regime. It revised and consolidated some 70 pieces of Labor and
Social Legislation in order, according to its enabling clause, to afford
protection to labor, promote employment and human resources development
and insure industrial peace based on social justice.
The Labor Code could be considered as codifying 25 different laws:
Laws on Pre-Employment and Human Resources Development
(The numbers refers to Articles of the Labor Code)
1.Law on the Recruitment and Placement of Workers (1339)
2. Law on the Employment of Non-Resident Aliens (40-42)
3. Manpower Development Law (43-56)
4. Law on the Training and Employment of Special Workers
(57-81)
Labor Standards Laws Laws on Conditions of Employment
and on Health and Safety
5. Law on Hours of Work (82-90)
6. Law on Weekly Rest Periods (82, 91-93)
7. Holiday Pay Law (82, 94)
8.Law on Service Incentive Leaves (82, 94)
9.Law on Service Charges (96)
10.Law on Wages (97-129)
11. Law on the Employment of Women (130-138)
12. Law on the Employment of Minors (139-140)
13. Law on the Employment of Househelpers (141-152)

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14. Law on the Employment of Industrial Homeworkes

(153-155)
15. Emergency Medical and Dental Services Law (156-161)
16. Law on Occupational Health (162-165)
17. Adult Education Law (210)
Social Security Law
18. Employees Compensation Law (Title II of Book IV,
166-208A)
Labor Relations Laws
19. Law on Labor Organizations (234-246, 267-271)
20. Law on Collective Bargaining (250-259)
21. Law on Unfair Labor Practices (247-249)
22. Law on Strikes, Picketing and Lockouts (263-266)
23. Law on the Settlement of Labor Disputes (213-225, 226233, 241, last paragraphs, 260-262-B, 263(g), 277(d), [i]).
24. Termination of Employment (277(b), 278-286)
25. Retirement (287)
Related but Separate Labor Laws
In addition to the Labor Code, there are these separate but related pieces
of labor and social legislation:
On Employment
a.Public Employment Service Office Act, Rep. Act No. 8759
b. On the employment of poor but deserving students, Rep.
Act No. 7323

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c.On the hiring of works for infrastructure projects, Rep. Act

No. 6685
On Recruitment and Placement
d.On Migrant workers and overseas Filipinos, Rep. Act No.
8042.
On Manpower Development
e.Dual Training System Act, Rep. Act No. 7686
f. On technical education and skills development, Rep. Act
N. 7796;
On Labor Standards
g.On minimum wages: (E.g. Rep. Acts Nos. 6640, 6727).
But see Barangay Micro-Business Enterprises (BMBEs Act) Rep.
Act No. 9718, Sec. 8.
h. On 13th month pay: (Pres. Decree No. 851, as amended by
Memorandum Order No. 9718, Sec. 8.
i.On productivity incentives, Rep. Act No. 6971.
j. Anti-Sexual Harassment Act, Rep. Act No. 7897
k. Paternity Leave Act, Rep. Act No. 8187
l. On special protection of children, Rep. Act No. 7670, as
amended by Rep. Act No. 7658
m. Magna Carta for Disabled Persons, Rep. Act No. 7277.
On Labor Relations
n. On the right to organize of government employees (Exec.
Order No. 180 later on embodied in Exec. Order No. 292,
Administrative Code of 1987, Book V, Title I, Subtitle A, Secs. 3845)

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Then, there are these social security laws in addition to the Employees
Compensation Law found in the Labor Code:
a. Social Security Law of 1997 (Rep. Act No. 8282)
b. Government Service Insurance System Act of 1997 (Rep. Act No.
8291)
c. National Health Insurance Act of 1995 (Rep. Act No. 7875)
d. Limited Portability Scheme in the Social Security System (Rep. Act
No. 7699)
e. The Home Development Mutual Fund Law of 1980 or the PAG-IBIG
Fund (Pres. Decree No. 1752, as amended by Rep. Act No. 7742).
The legal rights of workers in the Philippines
The constitutional mandates on Labor are implemented by the present
Labor and Social Security Laws of the Philippines by their recognition and
guarantee of many rights of workers
Utilizing the rights of workers that are enumerated in the International
Covenant on Economic, Social and Cultural Rights as standards and also as a
useful way of classifying such rights, the rights of workers in the Philippine
could be given the following summary presentation.

I. RIGHTS UNDER LAWS RELATED

TO THE RIGHT OF WORK
The Covenant provides: 1.The States Parties to the present Covenant recognize the right to work
which includes the right of everyone to the opportunity to gain his
living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to
achieve the full realization of this right shall include technical and
vocational guideance and training programmes, policies and
techniques to achieve steady economic, social and cultural

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development and full and productive employment under conditions

safeguarding fundamental political and economic freedoms to the
individual. (Art. 6)
In connection with the above, Philippine Labor Law provides for rights
related to the:1.Recruitment and placement of workers (12-39 and Rep. Act No. 8042
which deals with migrant workers and overseas Filipinos)
b. The right of Filipino workers in overseas employment to have their
right to fair and equitable employment practices protected Migrant
workers and Overseas Filipino Act. Rep. Act No. 8042.
a.The right to be protected against certain evil practices of private
employment agencies and private recruitment entities (34, 38, and
Rep. Act No. 8042, Sec. 6).
2. Employment of non-resident aliens (40).
3. National Manpower Development Program (43-56. The aforesaid
Articles of the Labor Code have been supersedes by the Technical
Education and Skills Development Act of 1994, Rep. Act No. 7796,
and also Dual Training System Act, Rep. Act No. 7686)
4. Apprentices, learners and handicapped workers (57-81).
a)In the case of an apprentice, the right to certain minimum labor
standards during his apprenticeship, particularly, as regards his
compensation (72).
b) In the case of learner, the right to certain minimum labor standards
during his learnership, particular as regards his compensation, and
the right to become a regular employee (75).
c) In the case of a handicapped worker, the right to certain minimum
labor standards, particularly as regards his compensation (80). See
also the Magna Carta for Disabled Persons, Rep. Act No. 7277.
d) The preferential right of qualified or experienced workers to
employment as against apprentices, learners and handicapped
workers (60, 74, 79).

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II.RIGHT UNDER
LABOR STANDARDS LAWS
A. ON WAGES
The Covenant speaks of the right of everyone to the enjoyment of just
and favorable conditions of work which ensure, in particular: Remuneration
which provides all workers, as a minimum, with:
(i)Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular, women being guaranteed
conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;
(ii) A decent living for themselves and their families xxx (Art. 7)
In connection with the above, Philippine Labor Law provides for these
rights:
5.The right to minimum wages prescribed by law or by the Regional
Tripartite Wages and Productivity Boards and also the further right to have the
wage distortion resulting from the application of any prescribed wage increase
by virtue of a law or Wage Order corrected (Rep. Act No. 6727; 99, 124). But
see Rep. Act No. 9178 exempting barangay micro-business enterprises from the
coverage of the Minimum Wage Law.
6. The right to the payment of fair and reasonable wage rates when the
payment of wages is by results (101).
7. The right to a 13th month pay (Pres. Decree No. 851, as amended).
8.The right to share in the service charges collected by hotels, restaurants
and similar establishments as regards those working in these establishments
(96).
Related to the above rights that help bring about a fair and a living wage,
Philippine Labor Law provides for the protection of wages by recognizing these
rights:
9.The right to be paid wages in legal tender (102), at certain regular
intervals (103) and at nor near the place of the undertaking (104).


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10.The right to be paid directly (105).

11. In case of a worker who works for a contractor who is in turn
performing work for another, the right of said worker to claim unpaid wages not
only against his direct employer (the contractor) but against his indirect
employer (the person for whom the contractor has performed some work) (106).
12. The right to enjoy first preference as regard unpaid wages in case of
bankruptcy or liquidation of an employers business (110).
13. In cases of unlawful withholding of wages, the culpable party may be
assessed attorneys fees equivalent to ten percent (10%) of the amount of wages
recovered. In connection with an action to recover unpaid wages, the right not
to pay attorneys fees exceeding ten percent of the amount of wages recovered.
(111).
14. The right to dispose of wages without any limitation or interference
from the employer (112).
15. The right of a worker against any deduction from his wage, (113),
against requirement for deposits for loss or damage, except as duly authorized
(114), against withholding of wages and kick backs (116) and against deduction
to ensure employment (117).
16. In connection with a worker who has filed any complaint against his
employer, or has testified or is about to testify in such proceedings, the right of
said worker against any retaliatory measures that an employer may make
against the worker (118).
17. The right against the elimination or diminution of benefits enjoyed at
the time of the promulgation of the Labor Code (100).

B.ON SAFE AND HEALTHY

WORKING CONDITIONS
The Covenant speaks of the right to the enjoyment of just and
favorable conditions of work which ensure, in particular: Safe and healthy
working conditions (Art. 7).
In connection with the above, Philippine Labor Law provides for these
rights:


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18.The right to certain emergency medical and dental services (157).

19. The right to certain occupational safety and health standards as
established by the Secretary of Labor and Employment (162).

C.ON EQUAL OPPORTUNITY

The Covenant speaks of the right to the enjoyment of just and favorable
conditions of work which ensure, in particular: Equal opportunity for everyone
to be promoted in his employment to an appropriate higher level, subject to no
consideration other than those of seniority and competence (Art. 7).
In connection with the above, Philippine Labor Law seems to have no
provision.
But there are these provisions against discrimination:
20.The right to equal work opportunities regardless of sex, race or creed.
(3).
Also, the right of any woman employee discrimination with respect to
terms and conditions of employment solely on account of her sex (135) and the
right of a woman employee against discrimination merely by reason of marriage
(136). There is also the prohibition against discrimination in the work place of
the HIV status of an employee (Rep. Act No. 8502). But there is the
preferential right of a person in the Philippines to enjoyment in the country as
against that of a non-resident alien (40).

D.ON REST, WORKING HOURS,

HOLIDAYS
The Covenant speaks of the right to the enjoyment of just and favorable
conditions of work which ensure, in particular: Rest, leisure and reasonable
limitation of working hours, and periodic holidays with pay, as well as
remuneration for public holidays (Art. 7).
In connection with the above, Philippine Labor Law provides for these
rights:

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21.Considering that the normal hours of work shall not exceed eight
hours a day, (83), the right not to be required to perform overtime work except
emergency overtime work (89), and the right to overtime pay for overtime work
(87).
22. The right of healthy personnel to a five-day work week (83).
23. The right to a meal period (85).
24. The right to a night shift differential pay (86).
25. The right to a weekly rest day (91). The right not to be required to
work on ones weekly rest day except for emergency work (92). The right to an
additional compensation for work on ones weekly rest day work (93).
26. The right to an additional compensation for work on a special nonworking holiday (93).
27. The right to holiday pay for a regular holiday (i.e. the right to be paid
even if a worker does not work, and the right to be paid twice his regular rate, if
he works, on a regular holiday) as differentiated from one which is not a regular
but a special holiday (94). See also Exec. Order No. 203. On Muslim Holidays,
Pres. Decree No. 1083. See also Rep. Act No. 9177.
28. The right to a service incentive leave (95).

E. ON WOMEN
The Covenant declares that special protection should be accorded to
mothers during a reasonable period before and after child birth. During such
period, mothers should be accorded paid leave or leave with adequate social
security benefits (Art. 10).
In connection with a woman employee, Philippine Labor Law provides
for the following rights:
29. The right to maternity leave benefits (Social Security Law, (Sec. 14A)). There is also a right to a paternity leave benefit, Rep. Act No. 8187.
30. The right to a woman employee against discrimination on account of
her pregnancy (137).

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Philippine Labor Law also provides for the following rights re: a woman
employee:
31. The right against discrimination with respect to terms and conditions
of employment solely on account of her sex (135 as amended by Rep. Act No.
6725).
32. The right against discrimination merely by reason of marriage (136).
33. The right against certain night work (130).
34. The right to certain facilities and standards that the Secretary of Labor
and Employment may establish to ensure the safety and health of woman
employee (132).
35. The right of a woman working in a night club, cocktail lounge,
massage clinic, bar or similar establishments to be considered as employee of
such establishments for purposes of labor and social legislation (138).
36. A special right against sexual harassment (Rep. Act No. 7877). It is
not impossible for a male employee to invoke also his right against sexual
harassment.

F. ON MINORS
The Covenant declares that children and young persons should be
protected from economic and social exploitation. Their employment in work
harmful to their morals or health, dangerous to life or likely to hamper their
normal development should be punishable by law. States should also set age
limits below which paid employment of child laborer should be prohibited and
punishable by law (Art. 10).
In connection with the above, Philippine Labor Law provides for this
right:
37. As regards the employment of a minor, the right of such minor to
certain protection, i.e. minimum employable age, certain standards as regards
the number of hours and periods of the day they may be employed, and the
prohibition against employment in an undertaking which is hazardous or
deleterious in nature (139).

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38. A special right against child abuse, exploitation and discrimination.

(Rep. Act No. 7610, as amended by Rep. Act No. 7658 is the Special Protecton
of Children Against Child Abuse, Exploitation and Discrimination Act).

G. OTHER RIGHTS OF WORKERS

Re: the general reference in the Covenant to just and favorable
conditions of work which has its counterpart in the Labor Code which also
speaks of the State assuring, among others, just and humane conditions of
work (3), these rights provided for in Philippine Labor Law should also be
considered:
(General)
39. The right to have the Labor Code and its Rules and Regulations
interpreted liberally in favor of labor (4).
(On Agriculture Workers)
40. The right of agricultural workers to enjoy all the rights and benefits
under the labor and social legislation granted to non-agricultural workers and
vice versa except as may otherwise be provided (6).
(On Househelper)
41. As regards a househelper.
a. the right to an original contract for not more than two years (142).
b. the right to a minimum wage (143 as amended by RA 7655) and to a
salary rate not lower than that of agricultural or non-agricultural
worker, if the househelper is assigned to work in a commercial,
industrial or agricultural enterprise (145).
c.the right to an opportunity for education (146).
d. the right to just and humane treatment (147).
e. the right to board, lodging and medical attendance free of charge
(148).
f. the right to an indemnity for unjust termination (149)


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g. the right to leave the service (150)

h. the right to an employment certification (151)
i. the right to social security (Social Security Law of 1997, Sec. 9).
(On Industrial Homeworkers)
42. As regards industrial homeworkers, the right to certain labor
standards established by the Secretary of Labor and Employment to ensure their
general welfare and protection (153).
(On Adult Education)
43. The right to benefit from adult education programs that may be
establish or prescribed by the Department of Labor and Employment and
Department of Education, Culture and Sports (210).
(On Family Planning Services)
44. The right to free family planning services (134).
The Rights of Labor in the 1973 Constitution
So many so called Historians of the Martial Law Regime think of the
1973 Constitution as merely a justification of Constitutional Authoritarianism
or the Dictatorship of the late President Ferdinand E. Marcos.
But from the perspective of the Legal Rights of Workers, the 1973
Constitution has this provision:
Sec. 9.

The State shall afford protection to labor, promote full

employment and equality in 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 self organization,
collective bargaining, security of tenure, and just and
humane conditions of work. The State may provide for
compulsory arbitration.

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The above quoted provision found in the 1973 Constitution

constitutionalized labor relations rights, namely: the right to self organization,
the right to collective bargaining, and most significant, the right to security of
tenure for those in the private sector. Before the 1973 Constitution, under the
1935 Constitution, only those in the public sector, the civil service, had security
of tenure. But under the 1973 Constitution, thus:
Security of Tenure is now a constitutional right inclusive of those in the private
sector. Thus, there is now this right:
45. The right against termination except for a just cause or when
authorized by law (279).
(On Retirement Benefits)
46. The right to retirement benefit (287 as amended by Rep. Act No.
7641). See also Rep. Act No. 8558 on underground mine employees.

III.RIGHT UNDER
SOCIAL SECURITY LAWS
The Covenant speaks of the right of everyone to social security,
including social insurance (Art. 9).
In connection with the above, Philippine Labor Law provides for the
following rights:
47. In the event of work-connected disability or death, the right to
employees compensation i.e. income benefits and medical or related benefits
(166), medical benefits (185), including rehabilitation benefits (190), disability
benefits i.e. temporary total disability (191), permanent total disability (192)
and permanent partial disability (193) and death benefits (194).
48. In the event of death, disability or sickness which is not workconnected, the right to death, also funeral, disability or sickness benefits, and in
the event of old age, retirement benefits. (Social Security Law of 1997, Rep.
Act No. 8282 for those in the private sector; similar benefits, also separation
benefits and life insurance benefits, are provided for by the Government Service
Insurance System Act of 1997, Rep. Act No. 8291 for those in the government
service.)

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49. The right to medical care (209). (National Health Insurance Act of
1995, Rep. Act No. 7875).
IV. RIGHT UNDER
LABOR RELATIONS LAWS
The Covenant speaks of (a) The right of everyone to form trade unions
and join the trade unions of his choice, subject only to the rules of the
organization concerned, for the promotion and protection of his economic and
social interest. No restrictions may be placed on the exercise of this right other
than those prescribed by law and which are necessary in a democratic society
in the interests of national security or public order or for the protection of the
rights and freedoms of others; (b) The right of trade unions to establish national
federations or confederations and the right of the latter to form or join
international trade-union organizations; (c) The right of trade unions to
function subject to no limitations other than those prescribed by law and which
are necessary in a democratic society in the interests of national security or
public order or for the protection of the rights and freedoms of others; (d) The
right to strike, provided that it is exercised in conformity with the laws of the
particular country.
In connection with the above, there have been different laws enacted to
implement the above rights in the Philippines, namely, Commonwealth Act No.
103. An Act to afford protection of labor by creating a Court of Industrial
Relations empowered to fix minimum wages for laborers and maximum rentals
to be paid by tenants, and to enforce compulsory arbitration between employers
or landlords, and employees or tenants respectively; and by prescribing
penalties for the violation of the orders; Commonwealth Act No. 213 An Act
to define and regulate legitimate labor organizations; Rep. Act No. 875 An
Act punishing obstruction and/or interference with peaceful picketing during
any labor controversy; Rep. Act No. 3600 An Act to prohibit the employment
of strike breakers and the transporting or escorting by peace officers and/or
armed persons of persons seeking to replace strikers in entering and/or leaving
the strike areas, and to provide penalties therefore; General Order No. 5; Pres.
Decree No. 442 Labor Code, particularly its Book V on Labor Relations; Pres.
Decree No. 823, as amended by Pres. Decree No. 849; Batas Pambansa Blg. 70,
130 and 227.
After the People Power Revolution in 1986, Exec. Orders Nos. 111 and
180 were promulgated. The former strengthened the rights to self-organization
and collective bargaining of those in the private sector; the latter provided
guidelines on the right to organize of government employees.

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The present Labor Relations Law is Book V of the Labor Code as

amended by Rep. Act No. 6715.
The Articles in Book V of the Labor Code implement these constitutional
rights of workers:
50. The right to self-organization (243, 246; 234-239; 242; 241).
51. The right to collective bargaining and negotiations (250-262).
52. The right to peaceful concerted activities including the right to strike
in accordance with law (163-266).
53. The right against unfair labor practices of employers (248) and labor
organizations (249).

V. ENFORCEMENT OF THE RIGHTS OF WORKERS

SETTLEMENT OF LABOR DISPUTES
54. The right to a just, impartial and speedy administration of Labor
Justice by the following agencies:
ADMINISTRATION OF LABOR JUSTICE
With original jurisdiction
a. Labor Arbiter (217 also 124; also Rep. Act No. 8042, Sec. 10)
b. Secretary of Labor and Employment/ duly authorized representative
(128)
c. Regional Director/duly authorized hearing officer (129)
d. Bureau of Labor Relations (226, 241)
e. Med-Arbiter (256, 257, 258)
With appellate jurisdiction
f. National Labor Relations Commission (217[b])

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g. Secretary of Labor and Employment (259)

With special powers over labor cases:

h. National Conciliation and Mediation Board (Exec. Order 126, 250)
i. National Labor Relations Commission (218, 263[g]);
j. Secretary of Labor and Employment (263[g])
k. President of the Philippines (263[g])
l. Regional Tripartite Wages and Productivity Board/ National Wages
and Productivity Commission (120-122)
m. Philippine Overseas and Employment Administration (Exec. Order
No. 247, Sec. 3).
To the above quasi-judicial and administrative bodies, Rep. Act No. 6715
added in a very significant way:
n. Grievance machinery (260)
o. Voluntary arbitration (260-262)
ILOS DECLARATION OF FUNDAMENTAL PRINCIPLES AND
RIGHTS AT WORK
The first part of this paper comprehensively describes the present Laws
on Labor and Social security in the Philippines.
To what extent has the Philippines enacted laws to implement the
Conventions and Recommendations of the International Labor Organization?
In capsulized form the ILO Conventions and Recommendations has been
restated as follows:
Declaration on Fundamental Principles and Rights at Work
Adopted in 1998, the ILO Declaration on Fundamental Principles and
Rights at Work is an expression of commitment by governments, employers


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and workers organizations to uphold basic human values values that are vital
to our social and economic lives. These principles and rights are:
x Freedom of association and the effective recognition of the right to
collective bargaining;
x The elimination of all forms of forced or compulsory labour;
x The effective abolition of child labour;
x The elimination of discrimination in respect of employment and
occupation.
The above declaration now has been given authoritative elaboration in the
following ILO statements and it can also be in its most recent restatement in the
statement of the ILO Director General.
Decent work for all
Juan Somavia, ILO Director-General
The primary goal of the ILO today is to promote opportunities for women
and men to obtain decent and productive work, in conditions of freedom, equity,
security and human dignity. Juan Somavia, ILO Director-General

Decent work sums up the aspirations of people in their working lives

their aspirations for opportunity and income; rights, voice and recognition;
family stability and personal development; and fairness and gender equality.
Ultimately these various dimensions of decent work underpin peace in
communities and society. Decent work reflects the concerns of governments,
workers and employers, who together provide the ILO with its unique tripartite
identity.
Decent work is captured in four strategic objectives: fundamental
principles and rights at work and international labour standards; employment
and income opportunities; social protection and social security; and social
dialogue and tripartism. These objectives hold for all workers, women and men,
in both formal and informal economies; in wage employment or working on
their own account; in the fields, factories and offices; in their home or in the
community.
Decent work is central to efforts to reduce poverty, and is a means for
achieving equitable, inclusive and sustainable development. The ILO works to
develop Decent Work-oriented approaches to economic and social policy in


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partnership with the principal institutions and actors of the multilateral system
and the global economy.
Progress requires action at the global level. The ILO is developing an
agenda for the community of work, represented by its tripartite constituents, to
mobilize their considerable resources to create those opportunities and to help
reduce and eradicate poverty. The Decent Work Agenda offers a basis for a
more just and stable framework for global development.
The ILO provides support through integrated decent work country
programmes developed in coordination with ILO constituents. They define the
priorities and targets within national development frameworks and aim to
tackle major decent work deficits through efficient programmes that embrace
each of the strategic objectives.
Concluding Remarks:
In connection with the above quoted statement issued by the ILO, the
Congress of the Philippines has been positively responding.
A think tank, the Center for Research and Special Studies (CRSS), in
compliance with a directive it received from the Congressional Oversight
Committee on Labor and Employment has submitted an Omnibus Amendment
of the Labor Code which is now in the agenda of the 15th Congress.

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