LABOR LAW 11
Semester, AY 2008-2009
Prof. E. (Leo) D. BattadCollege of LawUniversity of the Philippines
CA Azucena, The Labor Code with Comments andCases (Latest Edition)
Samson S. Alcantara, and Samson B. Alcantara Jr.,Philippine Labor and Social Legislation Annotated
1987 Philippine Constitution
The Labor Code of the Philippines and itsImplementing Rules &Regulations
Pertinent International Human Rights Instrumentsand ILO Conventions, Recommendations and Labor-related laws
I. INTRODUCTION TO LABOR LAWA. Labor as a Concept
1. General SenseLabor
physical toil although it does not necessarilyexclude the application of skill, thus there is skilledand unskilled labor.Skill
familiar knowledge of any art or sciencemunited with radiness and dexterity in execution orperformance or in the application of the art orscience to practical purposes.Work is broader than labor as work covers all formsof physical or mental exertion, or both combined, forthe attainment of some object other than recreationor amusement per se.2. Technical senseWorker
broader than employee as workers mayrefer to self-employed people, and those working inthe service and under the control of another,regardless of rank, title, or nature of work.Employee
salaried person working for another whocontrols or supervises the means, manner or methodof doing the work.
1. DefinitionLabor legislaton
labor standards + labor relationsa.consists of statutes, regulations and jurisprudenceb.governing the relations between capital andlaborc.by providing for certain employmentstandards and a legal frameworkd.for negotiating, adjusting and administeringthose standards and other incidents of employment.
: which sets out the minimumterms, conditions, and benefits of employment thatemployers must provide or comply with and to whichemployees are entitled as a matter of legal right.
Labor relations law:
which defines the status,rights and duties and the institutional mechanismsthat govern the individual and collective interactionsof employers, employees or their representatives.SOCIAL LEGISLATION VS. LABOR LAWSSocial legislation: provides particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.Labor laws are necessarily social legislation. But todifferentiate, labor laws directly affect employmentwhile social legislation governs effects of employment.Labor laws are social legislation but not all sociallegislation are labor laws.2.Social Justice, Const., Art. II, Sec. 10; Art.XIII, Sec. 1-3
The State shall promote social justice inall phases of national development.
The Congress shall give highest priority tothe enactment of measures that protect and enhancethe right of all the people to human dignity, reducesocial, economic, and political inequalities, andremove cultural inequities by equitably diffusingwealth and political power for the common good.To this end, the State shall regulate the acquisition,ownership, use, and disposition of property and itsincrements.
The promotion of social justice shallinclude the commitment to create economicopportunities based on freedom of initiative and self-reliance.ARTICLE XIII – LABOR
The State shall afford full protection tolabor, local and overseas, organized andunorganized, and promote full employment andequality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,and peaceful concerted activities, including the rightto strike in accordance with law. They shall be entitledto security of tenure, humane conditions of work, anda living wage. They shall also participate in policy anddecision-making processes affecting their rights andbenefits as may be provided by law.The State shall promote the principle of sharedresponsibility between workers and employers andthe preferential use of voluntary modes in settlingdisputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrialpeace.The State shall regulate the relations betweenworkers and employers, recognizing the right of labor to its just share in the fruits of production and the rightof enterprises to reasonable returns to investments,and to expansion and growth.
The aim and the reason and, therefore, the justification of labor laws is social justice.
JP Laurel in Calalang
neithercommunism, nor despotism, nor atomism notanarchy but the humanization of laws and theequalization of social and economic forces by theState so that justice in its rational and objectivelysecular conception may at least be approximated. The promotion of the welfare of all the people, theadoption by the Government of measures calculated