108 HUMAN RIGHTS
(Arts..8 & 9, Economic Covenant). They shall be entitled
to security of tenure, humane conditions of work, and
a livirtg wage. They shall also participate in policy and
decision-making processes affecting their rights.
To guarantee protection for labor, the Philippine
Constitution provides that:
The State shall afford full protection to labor,
local, overseas, organized and unorganized, and
Promote full employment and equality of employ-
ment opportunities for all.
It shall guarantee the rights of all workers to
self-organization, collective bargaining and nego-
Hiations, and peaceful concerted activities, in-
cluding the right to strike in accordance with law.
* They shall be entitled to security of tenure, hu-
mane conditions of work, and a living wage. They
shall also participate in policy and decision-
making processes affecting their rights and bene-
fits as may be provided by law.
The State shall promote the principle of
shared responsibility between workers and em-
Ployers and the preferential use of voluntary
‘modes in settling disputes, including conciliation,
and shall enforce their mutual compliance there.
with 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
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 109
APPLIED IN THE PHILIPPINES.
and the right of enterprises to reasonable returns
on investments, and to expansion and growth.
(Art. XHIL, Sec. 3)
Dismissal of laborers due to their membershi
a labor union issillegal as it constitutes unfair labor
practices (Magdalena State, Inc. vs. Kapisanan ng mga
Manggagawa, 9 SCRA 237 [1963]). The employee has
the right to self-organization and to form, join or as-
sist labor organizations of their own choosing, (Ele-
gance, Inc. vs. Court of Industrial Relations, 38 SCRA 382
(1971p.
Playing a:majer-role, in achieving the ends of the
right to work, the International Labor Organization
(ILO) has pledged to support and implement the
Covenant on Economic, Social and Cultural Rights.
The ILO had developed international standards of
labor to be complied with by the States Parties.
Right to Work in Third World Countries
‘The right to work in many countries especially in
Third World States remains to be an empty statement.
The International Labor Organization (ILO) has esti-
mated that by the end of the 20th Century about 700
million people are unemployed. The legal protection
for the right to work has no meaning at all if millions
of people are struggling for jobs that are scarce. It is in
this context that states should focus on employment
policy, which means creating conditions of economic
growth to increase levels of employment.