Labor Code

1.Article 4. Construction In Favor of Labor Law (This article shows how to interpret labor laws)

All doubts in the implementation and interpretation of the provisions of this Code, including its
implementing rules and regulations, shall be resolved in favour of labor.

2.Define Labor Law:

Labor law is that branch of law that pertains to employees, employers and labor organizations; their
rights and obligations and governs their relationship.

3. So in in the interpretation and construction of labor we follow the Liberal Approach to

Laborers welfare.

-In carrying out and interpreting the Labor Codes provision and its implementing rules and
regulations, the working mans welfare should be the primordial and paramount consideration.

In addition, article 1702 of the CivilCode provides that in case of doubt, all labor legislations and all
labor contracts shall be construed in favour of the safety and decent living for the labourer.

This kind of interpretation gives meaning and substance to the liberal and compassionate spirit of
the law as embodied in Art. 4 of the labor code and Article 1702 of the civil code. As well as the
Constitutional mandate that the State shall afford full protection to labor and promote full
employment opportunities for all.

4. So what is the reason for according greater protection to employees?

In matter of employment bargaining, there is no doubt the employer stands on higher footing than
the employee.

Consequently, the law must protect labor: to the extent of raising him to equal footing in bargaining
relations with capital and to shield him from abuses brought about by the necessity for survival.

The 1987 Constitution (Art II, Sec 18) declares as a state policy that the state affirms labor as
primary social economic force. It shall protect the rights of workers and promote their welfare.

The Constitution specifies the guaranteed basic rights of workers, namely:

(1) to organize themselves (2) to conduct collective bargaining(3) to engage in peaceful

concerted activities, including to strike in accordance with law (4) to enjoy security of tenure (5) to
work under humane conditions (6) to receive a living wage (7) to participate in policy and decision-
making process affecting their rights and benefits as may be provided by law.

5. Moreover, the right to obtain justice is enjoyed by all members of society, rich or poor, worker
or manager, alien or citizen. Justice belongs to everyone. Justice not expediency is the higher end
of law. And the law does not favour favouritism amounting to injustice.

6. Although this code hardly mentions the employer, except in regulating their relations. The plain
reality is that both sector needs each other.They are interdependent.
7. In as much as the SC has inclined more often than not toward the worker and upheld his cause
in his conflicts with the employer.Such favouritism, however, has not blinded the SC to rule that
justice is in every case for the deserving, to be dispensed in light of the established facts and
applicable law and doctrine.

The Sec of Labor is duly mandated to equally protect and respect both the employee and employer.

The following are the most fundamental of the management rights of an employer:

1Right to ROI or Return of Investments.

2Right to prescribe Rules (binding and valid on the parties unless shown to be grossly oppressive or
contrary to law.
3Right to Select Employees.
4Right to Transfer or Discharge Employees

8. The law imposes restrictions to management rights

Art. 19 of civil code expressly restricts these rights. A right if abused becomes a legal wrong.
Management rights are subject to limitations provided by law, contracts and general principles of
fair play and justice.