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Labor Standards

Labor Standards

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Published by liboanino

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Published by: liboanino on Oct 07, 2011
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LABOR STANDARDS( 2007 EDITION )10 Principles in Labor:1.not all labor for another is compensable2.not all compensable labor is demandable3.labor is a property right (except government employment)4.prohibition vs involuntary servitude5.living wage6.state intervention in labor7.validity of labor legislation cannot be challenge as unjust legislation or classification8.waiver of labor rights can be effected by government intervention9.interpretation of labor contracts in favor of labor (except: union security clause and strikes)10.prohibition vs diminution of benefits.Policy DeclarationArt. 3: The State shall1.Afford protection to labor2.Promote full employment3.Ensure equal work opportunities regardless of sex, race or creed4.Regulate the relations between workers and ER
s.5.Assure the rights of workers to self-organization, collective bargaining, security of tenure, and just humane conditions of work.6.Art 12,Sec 1 1987 Constitution states the Equitable distribution of opportunities and wealth and increase in amount of goods and services provided by nation for people
s benefit and expanding productivity.2006 notes: principle of protection extends to EEs who is abused by ER or Unionleadership or their respective representatives.2005 notes:Rule on construction in favor of labor applies only in case there isdoubt.2006 notes: in private entity, labor is a property right; while in government ,labor is not property right since public office is a public trust, so it must betraceable to a law, if you cannot trace it ,then no employment in government even if how long (ex: if you have been mixing coffee in office of mayor for 10 yrs, it will not prescribe)
Law Classification1. Labor Standards Law
That which sets out the minimum terms, conditions and benefits of employment that ER
s must provide or comply with and to which EE
s are entitled as a matter of legal right.Ex. 8-hour labor law2. Labor Relations Law
That which defines* the status, rights and duties* and the institutional mechanismsthat govern the individual and collective interaction of ER
s and EE
s or their representatives.Ex. Book V of Labor Code3. Welfare Legislation
designed to take care of contingencies which may affect workers, e.g. where there is loss of income for research beyond the worker
s control.
BENEFITS* Social Security Law.Basis for Enactment1. Art. II, Sec.5, Const. : The maintenance of peace and order, the protectionof life, liberty, and property, and the promotion of general welfare are essential for the enjoyment by all the people of the blessing of democracy.2. Art. II, Sec. 18, Const. : The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.3. Art. XIII, Sec. I, Const. : The Congress shall give highest priority to theenactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the commongood.To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.Labor and social legislation are enacted pursuant to the police power of the State. This is its inherent power to enact wholesome and reasonable laws to promoteorder, safety, health, morals and general welfare of society. In its exercise the state may interfere with personal liberty, with property and with business and occupation. (Calalang vs. Williams).No longer may the due process clause and the freedom of contract be invoked to challenge labor and social legislation. This has long been discarded since the 1937 case of West Coast Hotel vs. Parish (US) and the 1924 case of Pp. vs. Pomar (RP).
Labor relation laws enable workers to obtain from their employers more than theminimum benefits set by labor standard lawsEMPLOYER (ER) and EMPLOYEE(EE) RELATIONSHIP 
includes any person,natural or juridical, acting directly or indirectly in theinterest of the ER in relation to an EE and shall include the Government and all its branches, subdivisions and instrumentalities, all GOCC
s and institutions, as well as non-profit private institutions, or organizations. 
includes any person in the employ of an ER. The term shall not be limited to the EE
s of a particular ER, unless this Code explicitly states. It shall include any individual whose work has ceased as a result or in connection with any current labor dispute or because of unfair labor practice if he has not obtained any other substantially equivalent or regular employment.purchaser of the assets of an ER corporation is not considered a successor ER of the latter
s EE since Labor contracts are not enforceable against a transfereeof an enterprise, labor contracts being in personam, thus binding only between parties.The existence of ER-EE relationship is determined by the following elements namely: The existence of an ER-EE relationship is a question of law and being such,it cannot be made the subject of an agreement. (Tabas vs. CMC)a. the Selection and engagement of the EE
sb. the payment of Wagesc. the power of Dismissal; andd. the power to control the EE
s conductparticular form of evidence is required to prove the existence of an ER-EE relationship. Any competent and relevant evidence to prove the relationship may be admitted (Opulencia vs. NLRC)CONTROL TEST*** There is an ER-EE relationship where the ER controls or has reserved the right to control the EE not only as the result of the work but also as to the meansby which said work is to be accomplished (Paradise vs. Ng). The test merely calls for the existence of the right to control the manner of doing the work not the actual exercise of the right. (Ruga vs. NLRC) The line should be drawn betweenrules that merely serve as guidelines towards the achievement of the mutually desired results without dictating the means or methods employed in attaining it,and those that control or fix the methodology and bind or restrict the party hired to the use of such means. The first , which aim only to promote the result, create no ER-EE relationship unlike the second, which addresses both the result and the means to achieve it. (Insular Life vs. NLRC) The control test calls merely for the existence of the right to control and manner of doing work, not the actual exercise of the right. (Dy Keh Beng)ECONOMIC TESTThe absence of ER-EE relationship may be determined through economic tests likethe inclusion of the EE in the payrolls, having irregular compensation and having a personal stake in the business. (Sevilla vs. NLRC)

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