CODES AND NOTES ON LABOR STANDARDSby PORFERIO JR. and MELFA SALIDAGA
CODES AND NOTES ON LABOR STANDARDS
Art. 1. Name of Decree. This Decree shall be known as the"Labor Code of the Philippines".
Presidential Decree No. 442
– otherwise known as the “Labor Code of thePhilippines.
Social legislation –
include laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.
Labor Legislation –
consists of statutes, regulations and jurisprudencegoverning the relations between capital and labor, by providing for employmentstandards and a legal framework for negotiating, adjusting and administeringthose standards and other incidents of employment.
Classifications of Labor Legislation
1.
Labor standards law –
is that which sets out the minimum terms,conditions and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right.As defined more specifically by jurisprudence, “are the minimumrequirements prescribed by existing laws, rules and regulations relating towages, hours of work, cost-of-living allowance, and other monetarywelfare benefits, including occupational safety, and health standards.”
(Maternity Children's Hospital vs. Secretary of Labor, GR No. 78909, June30, 1989.)
2.
Labor relations law –
defines the status, rights and duties, and theinstitutional mechanisms, that govern the individual and collectiveinteractions of employers, employees or their representatives.
Labor
- is understood as physical toil although it does not necessarily excludethe application of skill, thus there is skilled and unskilled labor.
Social Justice –
is “neither communism, nor despotism, nor atomism nor anarchy, but the humanization of laws and the equalization of social andeconomic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of
CODES AND NOTES ON LABOR STANDARDSby PORFERIO JR. and MELFA SALIDAGA
the welfare of all the people, the adoption by the Government of measurescalculated to insure economic stability of all the component elements of society,through the maintenance of a proper economic and social equilibrium in theinterrelations of the members of the community, constitutionally, through theadoption of measures legally justifiable, or extra-constitutionally, the exercise of powers underlying the existence of all governments on the time-honored principleof
salus populi est suprema lex
.”
(Calalang vs. Williams, 70 Phil. 726.)
While social justice is the
raison d'etre
of labor laws, their basis or foundation isthe police power of the State.
Police Power –
is the power of the government to enact laws, withinconstitutional limits, to promote the order, safety, health, morals and generalwelfare of society.It is settled that state legislatures may enact laws for the protection of the safetyand health of employees as an exercise of police power.
Art. 2. Date of effectivity. This Code shall take effect six (6)months after its promulgation.
May 1, 1974
– PD No. 442 was signed into law.
November 01, 1974 –
effectivity date of the Labor Code.
Art. 3. Declaration of basic policy. The State shall affordprotection to labor, promote full employment, ensure equal workopportunities regardless of sex, race or creed and regulate therelations between workers and employers. The State shallassure the rights of workers to self-organization, collectivebargaining, security of tenure, and just and humane conditionsof work.
The Basic Policy of the Labor Code
1.Protection to labor;
CODES AND NOTES ON LABOR STANDARDSby PORFERIO JR. and MELFA SALIDAGA
2.Promote full employment;3.Ensure equal work opportunities regardless of sex, race or creed, and4.Regulate the relations between workers and employers
Rights of Workers Under Art. 3 of the Labor Code
1.Self-organization;2.Collective bargaining;3.Security of tenure; and 4.Just and humane conditions of work
Constitutional Basis of the Labor Code
•
Art. II, Sec. 18
- the 1987 Constitution declares as a state policy: “TheState affirms labor as a primary social economic force. It shall protect therights of workers and promote their welfare.”
•
Art. III, Sec. 18, par. 2
– no involuntary servitude
•
Art. IX-B, Sec. 2, Par. 1
– CSC embraces all branches... agencies of government, including GOCCs with original charters.
•
Art. IX-B, Sec. 2, par. 3
– No officer or employee shall be removed or suspended except for cause provided by law
•
Art. IX-B, Sec. 5
– standardization of compensation of governmentofficials and employees.
•
Art. XII, Sec. 6
– the right to own, establish economic enterprises subjectto the duty of the State to promote distributive justice
•
Art. XII, Sec. 12
– preferential use of Filipino labor
•
Art. XII, Sec. 14, par. 2
– practice of all professions shall be limited toFilipinos
•
Art. XII, Sec. 16
– Congress shall not provide for the formation,
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Labor Standards Notes
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keep it up... nice post....