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Lectures from 1st week:

Labor law is a social legislation or social justice.


*Calalang vs. Williams (definition of social justice)
Social legislation interpreted based on the facts and humanitarian
reasons.
-pro-labor: tilt in favor of labor because labor need protection not
the management but management is entitled to the return of the
investment since it is a symbiotic relationship.

Symbiotic relationship: no management means no labor therefore no


labor then no profit. An employee-employer relationship is symbiotic.

Note: There must always be a basis. If you are familiar of a case


then cite it, if not then make use of the law provided or of use
then argue using the facts of the case.

General Principles:
Labor: a) Limited- any mental or physical exertion or both to produce
goods.
b) Broad- includes the labor force, the people exerting mental or
physical labor.
- involves those regular or contractual. Involuntary
employed.

Man Power: portion of the population which has actual or potential


capability (of labor production).
a) Actual: those working (less in the Phils.)
b) Potential capability: those who will work. (more in the Phils.)

*Night workers (call center agents): are already covered by the


Labor Code.
Labor Law: includes all rules governing the condition under which
persons called as employees/labor may work under the control of
other persons called employers. Only applicable with persons with
employer-employee relationship. (Material, Indispensable and
Jurisdictional).

Classification of Labor Laws:


1. May be protective legislation: to protect the weaker party in an
employment contract.
example: Child labor law, Kasambahay Law, Protection to
women

2. Welfare or social legislation: intended to remove insecurity of the


worker because of the hazards of work. Equalizing force.
example: SSS (doesnt matter if the injury is work related),
PhilHealth, Employees Compensation Commission (the
injury must be at the time of work), PAG-IBIG

3. Diplomatic Legislation: between unions, employer-employee


because of the symbiotic relationship. Need to settle labor
disputes peacefully. Exhaust all peaceful remedies to settle
labor disputes like mediation, conciliation and grievance machinery.

4. Administrative Legislation: includes law creating bodies or


organization or agencies for the administration of labor laws. Under
the umbrella system of the Department of Labor and
Employment, POEA (for local and abroad), NLRC (as to illegal
dismissals or disputes), OWA (for overseas workers), SSS (Maternity
leave: 120 days for normal/cesarean and doesnt matter if not
married. Paternity leave: 7 days use before or after the delivery
which is not convertible to cash and it matters that they both live
together.)

examples: a) Battered Womans Leave: for recuperation


which is 20 days but can be extended.
b) Solo Parents Leave: attend to the milestone of
child/ren which would be 5 leaves with
pay. (Graduation, Birthday,
Circumcision, PTA/Brigada)

5. Labor Relations Legislation: creation of employees organization


or union for the purposes of collective bargaining for as the
maxim states that united we stand, divided we fall.

example: UFESLU

6. Labor Standards Legislation: prescribe the minimum


requirements for conditions of work... facilities and other
occupational benefit

Spanish Regime: there was no codified labor laws. In the civil code
where master and servant relationship is found.

American Regime: brought a labor stand and was enacted to protect


labor.
- Anti-slavery Law
- Employers liability- for when the employees becomes ill or
injuries are incurred thru labor.

President Manuel L. Quezon


- known as the father of labor for he freed prisoners from debt and
bandage.
- landlordism was removed and championed the casue of the
poor/labor.
- CIR: 8 hours labor rule
- maternity leave law

President Ferdinand Marcos


- during the martial law the entire Philippines was declared under
the land reform
- May 1, 1974 when Presidential Decree no. 442 where the first and
only codified labor law was passed. It took effect on November 4,
1974.
Purpose:
a.) to do with social justice
b.) valid exercise of police power of the State (for the general
welfare) where the government can interfere.
c.) the doctrine of parens patriae, the state protects the rights of
the weaker party

Karl Marx: we cannot be enslaved by the capitals

Sources:
Primary Sources:
1.) 1987 Philippine Constitution
- Article 2, 3 and 13
- where labor is a social economic force.
- with labor we can fight poverty
2.) Legislation passed by the Congress
3.) Decision of the Supreme Court (forms part with the laws of the
land)
4.) Implementary Rules
5.) Conventions

Secondary Sources:
1.) Opinion of the Secretary of the Department of Labor and
Employment
2.)
3.) Reports on the debates during hearing
4.) Opinions of luminaries

Constitutional or Statutory basis of Labor Law:


1.) Police power of the state
- government interference; to restrict and regulate.
- use your own as not to injure others
2.) Social Justice Clause
- Article 13 of the constitution
- equal condition must receive in equal treatment
- humanization of laws
- not aligned with charity
- not to be used to trample others
Example: inconvenience is not a ground
3.) Protection to labor clause
- Section 3 of Article 13
- Section 2 of Article 3
- Section 1 of Article 3 (due process clause and equal protection
clause)
-Labor is a property right where you cannot be deprived of labor
without due process of law.
-Full protection to labor...(memorize)
-Section 18 of Article 2 (primary social economic force...)
Full employment: there are more job openings than that of job
applicants. There are no undue difficulties.

Unemployment: voluntary idleness

Significance of Full Employment:


- this is the duty of the State.
1.) ushers economic gains (create certain stability and creates money)
2.) promotes social and economic security
- refers to the entire country
- interdependence of all ... with respect to the society.
- if there is political stability then it follows that there is
economic stability vis-a-vis
3.) promotes human dignity
-decent standard of living
4.) antidote against revolutionary ideologist
-unemployed people tends to become desperate, gullible and
vulnerable. Tend to lead revolution (protracted peoples war).
5.) regulates employers discriminatory practices

Right to property
-within the protective mantle of section 1 of article 3
-entitled to the fruits of your labor

Laizzes Faire and Welfare State Concept


-concept is a valid exercise of police power and can be interferred
-free market; no govt intervention

How to reconcile laizzes faire and ...


-thru amendment or revision
Constitutional rights of workers (Article 13, Section 3)
1.) Right to self-organization
-encourage tribunism; collective bargaining
-co-mingling is prohibited for the reason that each department
(supervisory and rank and files) have different interest.
-it should be a collective not an isolated problem
-available to public and private
-freedom of associations (Section 4 of Article 3)
-peacefully assembly
-collective bargaining: measure of self-governing
-bargain additional conditions/agreement

*For government- workers association is available


-collective bargaining is not available because the salary is fixed by
the Civil Service Commission; collective negotiation is available.

2.) Right to conduct collective bargaining or negotiation with


management
-First: the State encourages unionism as the Latin maxim goes
united we stand divided we fall where if united for a cause the
labor can bargain with the management.
-Second: monetarial benefits or benefits; available to the public
but not to private
*Private: collective bargaining is available. Collective bargaining
agreement is like the bible of the management and labor.
*Public: collective negotiations because they are under the Civil
Service Commission

3.) Right to engage in peaceful concerted activities, including to strike


in accordance with law
-if there is a deadlock (the management and the legitimate labor
organization cannot come into an agreement) then labor can do
picketing (should be collective), boycotting (frowned upon)
*right to strike: arsenal of the working (available only to private sector)
-this is the temporary stoppage of work (should be collective
acts/concerted)
-also the slowing down of work
*right of the management to lockdown
*if strike happens in schools then the Department of Labor and
Employment shall resume or intervene to settle the issue while work is
on going

4.) Right to enjoy security of tenure


-to continue employment until terminated with due process
-labor is a property right (Section 1 of Article 3)

5.) Right to a just and humane conditions of work


-prescribed minimum requirements
-8 hours work in a day and if it exceeds you shall be paid
-working days: 6 days in a week where should be entitled to a 24
hrs. rest (depends on the day of worship)

6.) Right to a living wage


-this is not the minimum wage and subsistence but living with
reasonable comfort
-not impulse buying
-there should be enough for savings and a decent standard of
living
*minimum wage depends on the region because of different regional
tripartite board
7.) Right to participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law
-workers and management
-limited to the benefits and welfare
-not extend to management prerogative like to participate in
hiring personnels

Principle of Share Responsibility


-to protect and preserve industrial peace
-issues and disputes should be settled amicably

*Right to just share in the profits of production


-not self-executing because as long as the labor is paid then they
cannot invoke this.
-this is a practice of generosity of the management in the forms
of bonuses or donations. You cannot force generosity

Limitations on the enactment or creation of labor legislations


-not absolute
1.) Observe non-impairment of contract clause
-Section 10 of Article 3
-The state must respect the Collective Bargaining Agreement
between the management and labor.

2.) Non-delegation of legislative power

3.) Involuntary servitude


-punishment of a crime
-naval enlistment
-.... commitatus
4.) Equal protection of the laws
-treated alike
*case of Sherill Leos vs Santa Escolastica

Lecture on the 2nd week:


RA 91710
RA 7877
Article 4: construction in favor of labor; all doubts in the
implementation and interpretation; apply only in cases of doubt,
limitation would be if it is crystal clear it should be followed the
agreement and the like

*Management is in advantage for they are more powerful


*Employees compensation commission: there should be a cause with
the work

Primordial: workers welfare; counter balanced in..

Article 5: rules and regulation; lead agency is DOLE where they


express quasi-legislative power and possess the rule of power under
art 5
*NLRC, POEA, NWPC, ECC, SSS, OWWA, GSIS

Enforcement powers of the DOLE

Article 6: applicability
2 passes of the law:
1.) Coverage clause: applies alike to all workers; workers of the private
sector
Why are farmers included in the DOLE?- to encourage workers in the
agricultural sector, they are covered under the Labor Code

Exclusionary clause: except as may otherwise provided herein; it does


not apply to certain type employees
GOCCs (Government owned and controlled corporation): if created by
a special charter or legislative charter then the labor code will not be
applied; if created under the corporation code of the phils. then it is
covered by the labor code.

certain types of workers not covered by the labor code:


1.) managerial employees: because they are not paid base on the hours
but on the skill
2.) field workers: they are not supervised

Employer-employee relationship
-jurisdictional; if the labor code is not applicable then a special law is
-not the test but the elements of em-em relationship

Four-fold elements:
1.) Selection and engagement: power to hire; deemed created by the
act of hiring a person which will be under the control by the employer;
hiring may be express or implied; an employment contract is not
necessary

2.) Payment of wages: wage is the remuneration of blue collar jobs


while salary is the remuneration of the white collar jobs; different in
the civil code for wages cannot be garnished for the payment of an
obligation but salary can be.
Wages: page 253; cannot pay an employee in kind; even if they
consented; not in half cash and/or half kind.
if not in consideration of a labor then there is no em-em
relationship

3.) Power of dismissal: if a person is sanctioned then there is an em-em


relationship; presence of this creates em-em relationship

4.) Power of Control: most important element; as to the means and as


to the ends of labor; control in method and control in result then there
is an em-em relationship, absence of one then there is no em-em
relationship.
Ex: taxi drivers/jeepney with boundary system operators the
employee are under the labor code because there is the power of
control and therefore there is an em-em relationship