LABOR STANDARDS AZUCENA NOTES:

Labor legislation statues, regulations &

jurisprudence governing relations bet capital &
labor, by providing for certain standards of
terms & conditions of EENT or providing a legal
framework w/in w/c these terms & conditions &
the EENT relationship may be negotiated,
adjusted & administered.
2 Divisions of Labor Legislation
1. Labor Standards sets out the minimum terms,
conditions & benefits of EENT that EERS must
provide or comply w/ & to w/c EES are entitled
as a matter of legal right.
- minimum requirements
prescribed by existing laws, rules & regulations
relating to wages, hrs of work, cost-of-living
allowance and other monetary & welfare
benefits, including occupational safety &
health standards.
- material or substance to be
processed
2. Labor Relations defines the status, rights &
duties and the institutional mechanisms, that
govern the indiv & collective interactions of
EERS, EES, or their representatives.
- mechanism that processes the
substance
Labor physical toil although it does not
necessarily exclude the application of skill
(thus skilled & unskilled labor)
Skill the familiar knowledge of any art/science,
united w/ readiness & dexterity in
execution/performance or in the application of
the art/science to practical purposes.
Work (broader than labor) covers all forms of
physical/mental exertion, or both combined,
for the attainment of some obj other than
recreation/amusement per se.
Worker (broader than EE) may refer to selfemployed
people & those working in the
service & under the control of another,
regardless of rank, title, or nature of work.
- any member of the labor force whether
employed/unemployed
Employee a salaried person working for another
who controls or supervises the means, manner
or method of doing the work.
Labor Law & Social Legislation
Social legislation includes laws that provide
particular kinds of protection/benefits to
society in furtherance of social justice.
? Labor laws are necessarily social legislation
Social Justice as the Aim
Social justice humanization of laws & the
equalization of social & economic forces by the
State so that social justice in its rational &
objectively secular conception may at leas be
approximated
- promotion of the welfare of the
ppl, the adoption by the Govt of measures
calculated to insure economic stability of all
the component elements of society through
the maintenance of proper economic & social
equilibrium in the interrelations of the
members of the community, constitutionally,
through the adoption of measures legally
justifiable, or extra-constitutionally, through
the exercise of powers underlying the
existence of all govts.
1987 Consti: protects the rights of workers &
promote their welfare
Basic rights of workers guaranteed by the
Constitution
1. to organize themselves
2. to conduct collective
bargaining/negotiation w/ mgt;
3. to engage in peaceful concerted activities,
including to strike in accordance w/ law;
and
4. to participate in policy & decision-making
processes affecting rights & benefits
Other Consti provisions that protect the
Rs/promote the welfare of workers
? R to form unions, assocs or societies for
purposes not contrary to law
? R of self-org even for govt EES.. No
officer/Ee of the Civil Service shall be
removed/suspended ? for cause.
Temporary EES of the Govt shall be given
such protection as may be provided by law
? Regular farmworkers shall have the R to
own directly/collectively the lands they till.
Landless farmworkers may be resettled by
the govt in its own agri estates.
? Continuing program of urban land reform
& housing
? Protection for working women taking into
acct their maternal functio