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Labor Law & Legislation

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It is the exertion by human beings of physical
or mental efforts, or both, towards the
Fundamentals, production of goods and services.

Principles & The State affirms labor as a primary social


Policies economic force. It shall protect the rights of
workers and promote their welfare (1987
Constitution, Art. II, Sec. 18).
Afford full protection to labor,
Promote full employment,
Declaration Ensure equal work opportunities regardless

of basic
of sex, race, or creed and,
Regulate the relations between workers and

policy Ers. (Art. XIII, Sec. 3).


Assure the rights of workers to self-
organization, collective bargaining, security
of tenure, just and humane conditions of
work (LC), Art. 3).
CONSTRUCTION
IN FAVOR OF
LABOR
In case of doubt, all labor legislation and labor
contracts shall be construed in favor of the
safety and decent living for the laborers (Art.
1702, NCC).

All doubts in the implementation and


interpretation of the provision of the Labor
Code, including its implementing rules and
regulations, shall be resolved in favor of labor
(Art, 4, LC).

But protection to labor does not mean


oppression or destruction of capital. The Er’s act
will be sustained when it is in the right. Eastern
Shipping Lines v. POEA, 166 SCRA 523 (1998)
Labor Law
The law that defines State policies
on labor and employment and
governs the rights and duties of
the employer (Er) and employees
(Ee) with respect to:

1. The terms and conditions of


employment; and

2. Labor disputes arising from


collective bargaining or other
concerted activity respecting such
terms and conditions.
Classification of labor
laws
Prescribes the terms and conditions of
employment as affecting wages or monetary

Labor benefits, hours of work, cost of living


allowances, and occupational health, safety
Standards and welfare of the workers. It provides
economic benefits to the workers who are
actually working.

e.g. 13th month pay


Defines and regulates the status, rights and
duties, and the institutional mechanisms, that
govern the individual and collective

Labor interactions of Ers, Ees or their representatives.

Relations
It is concerned with the stabilization of
relations of Ers and Ees and seeks to forestall
and adjust the differences between them by
the encouragement of CB and the settlement
of labor disputes through conciliation,
mediation and arbitration.

e.g. Collective Bargaining Negotiations


All laws passed by the State to promote public
welfare. It includes statutes intended to
enhance the welfare of the people even where

Social there is no Er-Ee relationship. It provides

Legislation
economic benefits to workers who are at work
because of the hazards of employment.

e.g. GSIS Law, SSS Law, Philhealth benefits,


Agrarian Laws
The Labor Code
Applicability
of the labor
code

Exceptions:
General Rule: Government employees;
Employees of government corporations created by
All rights and benefits granted to workers
under the LC shall apply alike to all special or original charter;
workers, whether agricultural or non- Foreign governments;
agricultural.
International agencies;
Corporate officers/ intra-corporate disputes which
fall under P.D. 902-A and now fall under the
jurisdiction of the regular courts pursuant to the
Securities Regulation Code;
Local water district except where NLRC’s
jurisdiction is invoked;
As may otherwise be provided by the Labor Code.