Labor I Midterms Reviewer Prof. P. Daway 1
semester, AY ’10
Janz Hanna Ria N. Serrano
The law which sets out the minimum terms and conditions and benefits of employment that employers provide or complywith and to which employees are entitled to as a matter of right b.
defines the status, rights and duties and the institutional mechanisms that govern the individual andcollective interactions of employers, employees or their representativesOne may think of labor standards as the materials or the substance to be processed while labor relations is themechanism that processes the substancec.
includes laws that provide particular kinds of protection or benefit to society or segments thereof infurtherance of social justice.In that sense, labor laws are necessarily social legislationLabor laws are social legislation, but not all social legislation is labor laws.4.
Art. II, Sec. 5
. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of thegeneral welfare are essential for the enjoyment by all the people of the blessings of democracy.
Art. II, Sec. 9
. The State shall promote a just and dynamic social order that will ensure the prosperity and independenceof the nation and free the people from poverty through policies that provide adequate social services, promote fullemployment, a rising standard of living, and an improved quality of life for all.
Art. II, Sec. 10
. The State shall promote social justice in all phases of national development.
Art. II, Sec. 13
. The State recognizes the vital role of the youth in nation-building and shall promote and protect theirphysical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, andencourage their involvement in public and civic affairs
Art. II, Sec. 14
. The State recognizes the role of women in nation-building, and shall ensure the fundamental equalitybefore the law of women and men.
Art. II, Sec. 18
. The State affirms labor as a primary social economic force. It shall protect the rights of workers andpromote their welfare.
Art. III, Sec. 8
. The right of the people, including those employed in the public and private sectors, to form unions,associations, or societies for purposes not contrary to law shall not be abridged.
Art. XIII, Sec. 1
Art. XIII, Sec. 3
Art. XIII, Sec. 14
. The State shall protect working women by providing safe and healthful working conditions, taking intoaccount their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them torealize their full potential in the service of the nation.
1935 Consti, Art XIV, Sec. 6.
The State shall afford protection to labor, especially to working women, and minors, andshall regulate the relations between the landowner and tenant, and between labor and capital in industry and inagriculture. The State may provide for compulsory arbitration.
1973 Consti Art. II Sec. 6.
The State shall promote social justice to ensure the dignity, welfare, and security of all thepeople. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of privateproperty, and equitably diffuse property ownership and profits.
1973 Consti Art. II Sec. 9.
The State shall afford protection to labor, promote full employment and equality inemployment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation betweenworkers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration
PNB v. Cabansag
. Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippinelabor and social legislation, contract stipulations to the contrary notwithstanding. This pronouncement is in keeping withthe basic public policy of the state to afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers.(a)
Right to security of Tenure
Casimiro v. Stern Real Estate, Inc
. Article 283 of the Labor Code authorizes retrenchment as one of the valid causes
to dismiss employees as a measure to avoid or minimize business losses. Retrenchment is the “termination of
employment initiated by the employer through no fault of the employees and without prejudice to the latter, resortedto by the management during periods of business recession, industrial depression, or seasonal fluctuations, or duringlulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the
introduction of new methods or more efficient machinery, or of automation.” Simply put, it is a reduction in
manpower, a measure utilized by an employer to minimize losses incurred in the operation of its business.2.
. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyonehis due, and observe honesty and good faith
. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter forthe same.
. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs orpublic policy shall compensate the latter for the damage
. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on laborunions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similarsubjects.
. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of thepublic.
Innodata Phils. V. Quejada-Lopez
. Court has recognized the validity of fixed-term employment contracts, but it hasconsistenly emphasized that when the circumstances of a case show that the periods were imposed to block theacquisition of security of tenure, they should be struck down for being contrary to law, morals, good customs, public orderor public policy.3.
Labor Code and Omnibus Rules Implementing the Labor Code4.
International conventions, Recommendations