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Title 1: Policy and Definitions

Article 210 of the Labor Code provide for the primacy of


Labor Relations is the interactions between employer or negotiation including conciliation, mediation and voluntary
their representatives and the mechanism by which the standards and arbitration as “alternative modes of settlement of labor dispute.”
other terms and conditions of employment are negotiated, adjusted Instead of the more adversarial strikes lockouts or any mass
and enforced. concerted actions.

Labor Relations Laws define the status, rights, and duties Arbitration is the submission of a dispute to an impartial
and the institutional mechanisms that govern the individual and person for determination on the basis of evidence and arguments of
collective interactions of employers, employees or their parties. The arbiter’s decision or award is enforceable upon the
representatives. disputants. This maybe either the voluntary or compulsory.

Note:
• Absent and employer-employee relationship, there is no Employer-Employee Relationship
labor relation to speak of. If there is no Er-Ee relationship
between the parties, there is no basis for organizing for
purposes of collective bargaining. Article 219: DEFINITIONS

LABOR RELATIONS LABOR STANDARDS Employer is any person, natural or juridical, domestic or
foreign, who carries on in the Philippines any trade, business,
The interactions between That part of Labor Law industry, undertaking or activity go an kind and uses the services of
employer or their which prescribes the another persons who is under his order as regards the employment.
representatives and the minimum terms and
mechanism by which the conditions of employment Employer includes:
standards and other terms which the employer is 1. One who employed the services of others; one whom
and conditions of required to grant to its employees work and who pays their wages or salaries; or
employment are negotiated, employees. 2. Any person acting in the interest of an employer, directly or
adjusted and enforced. indirectly. The term does not include a labor organization or ant
of its officers and agents, except when acting as an employer.
The mere fact that respondent is a labor union does not mean it
cannot be considered an employer for persons who work for it.
Much less should it be exempted from Labor Laws.

Article XIII, Sec. 3 of the 1987 Constitution provides


that the Labor Relations policy guarantees to all workers their right,
among others, to:

1. Self-Organization;
2. Collective Bargaining and Negotiation;
3. Peaceful and concerted activities including the right to strike in
accordance with law; and
4. Participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.

Article 218: DECLARATION OF POLICY; Labor


Relations Policy under Article 2018 of the Labor Code provides for:

1. Free collective bargaining and negotiations including voluntary


arbitration, mediation and conciliation, as modes of settling
labor or industrial disputes;
2. Free trade unionism;
3. Free and voluntary organization’
4. Enlightenment of workers concerning their rights and
obligation;
5. Adequate administrative machinery;
6. Stable but dynamic and just industrial peace;
7. making processes affecting their rights, duties and welfare; and
8. Truly democratic method of regulating the relation between
Ers-Ees.
Parties to Labor Relations Cases:
1. Employee’s Organization;
2. Management;
3. The public - always to be considered in dispute between labor
and capital, and it has been held that the rights of the general
public are paramount; and
4. The State.

Note: Ers-Ees are active parties while the public and the state are
passive parties.

Principle of Non-Opperession mandates capital and labor


not to act oppressively against each other or impair the interest and
convenience of the public. The constitutional policy to provide full
protection to labor is not meant to be a sword to oppress employers.

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