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GENERAL PRINCIPLES AND CONCEPTS A— Introduction Meaning of labor In its limited concept, th 4 Ces i amental exertion ices to carers sabre i a ace i ee mujpeinslastate goods! in its broader concept, oe, he labor force who are employed or those who Ly are al e and willing to work but are temporarily or involuntarily eatin igi Moore, Industrial Relations and the Social Order, 455- 456). The term “manpower” as defined in.the Code is within. the context of labor,, the portion of the nation’s population which has an actual or potential capability to contribute to the production of goods and services. Simply stated, labor is the totality of people who constitute the workforce with whatever skills, trade, technical training and productive know-how they possess. Meaning of labor law Labor law includes all the rules of law governing the conditions under which persons may work under the control of other persons called employers (13 Encyclopedia Britannica, 533). The term may © also refer to labor standards and labor relations laws governing ~ hours of work, weekly rest periods, minimum wage rates, unfair labor practices, strikes, and lockouts. These laws are designé more on the immediate results of employer-employee % As a concept, it is the body of rules and principles’ w! the relation between labor and management in as distinguished from the principles determining liabilities consequent to the individual relationship of employees (31 Am. Jur. 383). Labor standards prescribe. the terms and employment as affecting wages OF monetary benefits, cost of living allowances, and occupational health, sai 1 LABOR STANDARDS AND SOCIAL LEGISL: With Notes and Comme: ceeaey nts r ion on the part of # related with right to sel negotiation processes, labor standards benefit; within the domain of | h is usually f-organization, collective bargaining anq Labor relations is all-embracing to include 's which are proper bargaining issues, that is, labor relations. Meaning of social legislation Social~iegislation is a law governing employer-employee relationship while the latter is not “at work” due to hazards beyond his control arising from employment which immobilize him from Working. It is designed to uplift and protect the welfare of the worker and his family, on account of the effects of employment such as diseases, injuries, disabilities, or death. Retirement law (R.A. 7641) is a social legislation’ (Oro Enterprises vu. NLRC, 14 November 1994; ESSIv. Cabotaje, G.R. No. 147993, 21 July 2006). Taxonomy of labor laws f'\)0 ~| | Labor laws are classified into the following types: (@) Protective legislations. Those designed to protect the weaker party in an employment contract/such as laws protecting women against discrimination or child-labor laws. (©) Welfare or social legislations. Those intended to resmove or reduce the insecurity of the workers‘such as laws on social security, employees’ compensation or laws that provide benefits to o wake while ho is not at work” because of the hazards of employment. © Diplomatic legislations. ‘Those, designed to settle labor disputes through peaceful modes such as laws providing for coneili ation, peediaiious quange machinery or yoluntary arbitration. Ka. * (@) Administrative legislations. Those laws creating labor bodies or agencies for administrative purposes such as DOLE, POEA, NLRC, or TESDA. -+ vbxele ox.Gan\30-4in oug (@) Labor relations. legislations, Those passed concerning employee organization, concerted activities, or.collective bargaining or negotiation activities. It includes unfair labor practices committed by the employer or the union. * Lolece low 1 GENERAL PRINCIPLES AND CONCEPTS ¢ introduction © Labor standards legislations. asinimum requirements relating to wages, hours af work cost of living allowances, and other monetary and welfare benefits including occupational, safety. and health standards (Maternity Children’s Hospital v. Sec. of Labor, G.R. No, 78909, 30 June 1983). Labor law and social legislation distinguished Both terms may be used interchangeably. The distinctions are: a) labor law is more direct in its application as it affects directly actual employment such as wages; social legislation on the other hand, governs the effects of employment such as compensation for injuries and death; b) labor law is designed to meet the daily needs of a worker; social legislation involves long-range benefits; ¢) labor law covers employment for profit or gain; social legislation covers employment for gain or non-profit; d) labor law affects the work of the employee; while social legislation affects the life of the employee; and e) benefits, under labor law, are paid by the workers’ employer; while benefits in social legislation are paid by government agencies administering the program such as the Employee's Compensation Commission (Nolledo, Reviewer in Labor and Social Legislation, 3), SSS or GSIS. Due to the impact of labor law upon the society as it affects the greater number or bulk of the population, it may also be considered as a social legislation. Hence, the latter is broader in scope as it even. encompasses the concept of labor law. Capsule history of Philippine labor and social legislation During the Spanish regime, traces of Philippine Labor and Social Legislation can be found in thébld Civil Code particularly Arts. 1583 to 1587, regulating the relations between master and domestic servant and@Arts. 283 to 302 of the Code of Commerce ‘which regulated the relations between employer and employee. ~ "= ‘The earlier part of American regime brought significant labor legislations éuch as Act No. 702, the Chinese Registry Act;Act No. 1874, the Employers Liability Act of 1908; Act No. 2549 of 1916, prohibiting compulsory purchase of merchandise by and mere payment by chits or tokens to workers; Act 3071, the Woman and Child Labor Law of 1932 promulgated primarily to protect women and children from economic exploitation; Act 3428, the Workmen's Compensation Act of 1927; Act 2071, the Anti-Slavery Law; Acts 2548 and 3954, Acts on Payment of Wages; and Act 3957, Private Employment Agency Law. > WML Con flit 7 ask Lice t my pa _ LABOR, STANDARDS, AND i With Now ‘OCIAL, LEGISL, 8 and Comments. ATION e Under the Philippine Republic, the following | islati . g labor legislati crea macted: a) R.A, 602, Minimum Wage Law;(b) RA 1052 ae amended by R.A. 1787, Termination Pay Lav;6) R.A. 679, the Woman and Child Labor Law; 4) R.A. 946, The Blue Sunday Law; e) RA, 876, the Industrial Peace Act; ) RA. 1167, the Peacefl Picketing Law; g) R.A. 3600, the Anti-Scab Law. These were bolstered by the following welfare legislations: a) R.A. 1161, the Social Security Law; b) R.A, 1169, as amended, the Agricultural Tenancy Law; and o) R.A. 3844, the Agricultural Land Reform Code. The proclamation of Martial Law on 21 September 1972 (triggered the declaration of the entire Philippines as a land reform area virtue of P.D. 2. Ordinarily, such Act would meet steel-strong Opposition in the legislature as the members are predominantly owners of vast tracts of land. This was followed by the historical signing of a law known as the “Emancipation Decree” (P.D. 27) »emancipating the tenants from the bondage of the soil. ‘The need to codify all existing labor and social legislations was given impetus with the signing on sMay:1974 of PD) 442; the Labor» Code\of:the:Philippines, which took effect’ on November 1, 1974. The enacting clause of the law provides “A-decree instituting a Labor Code thereby. revising and consolidating labor and. social laws to afford protection to labor, promote employment and human resources development and insure industrial peace based on socal justice.” Indeed, this is “a dynamic instrument of social justice aod economic development.” To the workingmen, it is their bible an their shield at the same time against the arbitrary and abusive practices of the management. The law has already incorporate several amendments such as the new labor relations law a . 8715), the law prohibiting discrimination against women (+ 6725), Wage Rationalization Act (R.A, 6727), E.O. 111, R.A. 7 d R.A. 7655, R.A. 7700, R.A. 7730, R.A. 9231, R.A. 9241, R.A. 9262 an' od GENERAL PRINCIPLES AND CONCEPTS 7 Introduction R.A. 9481, an act strengthening the worker's constitutional right to self-organization. Purpose of labor legislation TWlis-a-truism»that: because’ of! the ‘economic superiority of capital, labor,-as-a-factor of production, is weak and helpless and finde itself easily in trouble without the necessary succor from the tate. The state, in the exercise of its police power which is “the power to prescribe regulations to promote the health, morals, Pont’: Paucation, good order or safety and welfare of the society,” should cract wholesome and reasonable laws to preclude a feeling of Shecontent which may lead to violent and bloody upheavals among \vorkers who constitute the bulk of the population of the state (Abalos we OBA GR. No. 92691, 18 July 1991). It has been observed that it is during times of prolonged or severe ‘unemployment that stability of an existing organization is most likely to be threatened by oevelutionary movements (Daugherty, Labor Problems in ‘American. Industry, 42). Labor legislation is therefore intended to protect the worker 7 fromthe mighty and to correct the injustices that are inberen inan employer-employee relationship. Labor legislation provides the set aay etions upon the worker in his relationship with the employer gral vice verea in order to maintain industrial peace and harmony; thereby promoting industrial democracy. Ultimately, the primordial purpove of labor legislation is to promote the welfare of the people based on the Latin maxim, of the people is the first law. Sources of labor laws Sources of labor laws may be classified into two types: (a) pri- mary, and (b) auxiliary. The first category: includes: () the Philip- pine Constitution;@) legislations passed by Congress; @)) decisions of the Supreme Court; @ implementing Rules and Regulations of the Department of Labor and Employment;@) decisions of quasi-judicial bodies such as the National Labor Relations Commission; and 6) ILO conventions. ‘Thesecond includes: © opinions of the Secretaries of Labor and Employment, and Justice; @) reports, debates, hearings made and conde by. Congress;(@) labor law reviews; @) labor law and social -zislation textbooks;@) opinions of legal luminaries; i {eadlatiensestte 6) op legal luminaries; and@) foreign ‘salus populi est suprema lex, the welfare ie LABOR STANDARDS AND SOCIAL LEGISLATION With Notes and Comments Legal bases of labor and social legislation The legal bases for the enactment of labor and social legis}; are: @,Police. Power of the State; (b) Social Justice Gia Protection to Labor Clause; @))Doctrine of Incorporation Clase) Social Service Clause(#) Full Employment Clause; @) Freedom fe Poverty Clause;(h) Freedom of Association Clause;()) Due Process and Equal Protection Clauses; ete. : G) Meaning of police power The enactment of labor and social laws can be justified under the exercise of the State's inherent police power vested in the legis. lature to make such wholesome and reasonable laws, not repugnant to the Constitution, as it shall judge to be for the good and welfare of the state and its people (Malcolm, Phil. Constitutional Laws, 338) The police power is ‘based on two Latin maxims “salus populi est suprema lex” (the welfare of the people is the supreme Jaw), and ‘sie vitere tuo ut-alienum non laedas” (go use your not to injure another's property). Its source is the social common good. Thus, for the good of all, citizens in a civilized society must bear certain bur- dens (Fabie v. City of Manila, 21 Phil. 486, 493). Extent and limits of police power Police. power. includes. everything essential to the public safety, health, and morals, to justify the destruction or abatement by summary proceedings of whatever may be regarded as a public nuisance. Under this power, the State may order destruction of # house falling to decay as it may endanger lives of passersby, the slaughter of diseased animals, the compulsory vaccination Shildren, the confinement of the insane or those afflicted with Contagious diseases, the suppression of obscene publications and ‘houses of ill-repute and others (Bavier v. Connoly, 113 U.S. 27)- ‘To-justify the state's exercise of such powers, the following conditions must concur: @) the interests of the public general ce distinguished from those of a particular class, require 5 interference; the. means are reasonably necessary for th? ‘accomplishment of the purpose and not widely oppressive "J pon jndividuals, The legislature may not under the guise of protecti™ the public interorie. arbitrarily interfere with private business o jmpose unusual or unnecessary restrict oe ws. v. Gomez Jesus, 31 Phil. 218; Uso, Sa A Po) jad GENERAL PRINCIPLES AND CONCEPTS Introduction Social justification of class legislation ‘The principle of equality can: _ ane a maton oc oe a equal conditions must receive equal treatment (Taylor, Labor Prob- lems and. Labor Law, 409). Legislative discrimination ig therefore allowed and in Many cases has been sanctioned provided there is a reasonable basis for classification, Thus, laws regulating and res- tricting hours of labor of women are constitutional because they apply only to women and not to men. The theory that they affect an arbitrary classification may, to some extent, be based upon the nature of the employer's business, rather than the character of the employee’s work and the fact that they apply only to women em- ployed in specified establishments and occupations does not render them unconstitutional so long as they apply alike to all women who work in any of the establishments or occupations mentioned (31 Am. Jur. 969-970). Right to property not a limitation to the exercise ‘The Constitution contains a prohibition against the depriva- tion of property without due process; but property right is subject to the limitations imposed by law. In conflict between property right and human rights, the primacy of the latter over the former is recognized although the Bill of Rights protects both rights (Marsh v, Alabama, 326 U.S. 501). Property and property rights can be lost through prescription, but human rights are imprescriptible. If human rights are extinguished by the passage of time, then the Bill of Rights is the useless attempt to limit the power of government and ceases to be an efficacious shield against the tyranny of officials, of majorities, of the influential and the powerful, and of the oligarch — political, economic, or otherwise (See as cited in Quadra, Trends in NLRC Decisions, 98). Expanding scope of police power The development of civilization, the rapidly increasing population, the growth of public opinion, with a desire on the part of the masses and of the government to look after and care for the interests of the individuals of the State, have brought within the Police power of the State many questions for regulation which formerly were not considered (People v. Pomar, 46 Phil. 440, 445). LABOR STANDARDS AND SOCIAL LEGISLAT With No} en nd Commenia 6) Social justice clause \ Section 10, Art. 2 of the 1987 Constitution provides, « shall promote social justice in all'pheses.of national deve 2 mena Promotion of social justice is made mandatory under this ¢ titutional provision. This is a departure from the 1935 Const " NUtion, whose provision merely states that it should be the concern of th State. Social justice was classically defined by Justice Laurel in te celebrated case, \Calalang v: Williams, “Social justice is neithe communism, nor despotism, nor atomism, nor anarchy, but the hhumanization of the laws and the equalization of the social and economic 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 the welfare of the people, the adoption by the Government of measures calculated to insus economic stability of all the component elements of society through the maintenance of proper economic and social equilibrium in th jnter-relations of the members of the community; constitutional through the adoption of measures legally justifiable, o- exttt constitutionally, through the exercise of powers underlying the existence of all governments, on the time-honored principle of salis populi est suprema lex” (Calalang v. Williams, 70 Phil. 728). Social justice, neither communism nor socialism Commilnisnt”is-an-ideology»characterized economical the State’s. total ownership of all the means of production iSisibution, and politically by a rigid dictatorial control jndividual under the:so-called dictatorship of the proletaria Socialism, on.the.other hand, is an economic ideology advocates substantial ownership of the means of productio® distribution by the State. Rights guaranteed by social justice oak i Social justice does not champion division of property ea of economic status; what it and the Constitution do gua" it equality of opportunity, equality of political rights, equal’ 0° the law, equality between values given and receiveds ° gx sharing of the social and material goods on the basis of exerted in their production as applied to metropolita® © julie cand be wie de oy olegs ant | GENERAL PRINCIPLES AND CONCEPTS Introduction elation to housing problems. It is a command to devise specially in s, shacks, ways and means for the elimination of slums, shambles and houses that are dilapidated, overcrowded, without ventilation, light and sanitation facilities and for the construction in their places of decent dwellings for the poor and the destitute. Condemnation of blighted areas bears direct relation to public safety, health and morals, and is legal (Guido v. Rural Progress Adm., 84 Phil. 847). Nature of the principle of social justice ‘The principle asserts that the well-being and economic security of all the people is the end and justice the means. However, social justice is not necessary for the well-being and economic security of the higher income groups, because through their own efforts, they tan stand even without governmental help (Samanillo v. Cruz, C.A., GR. No. 598 [1947]). The object of the social justice clause is the common man; his social and economic uplift is its concern. In the srorde of Prof, ‘Thomas Reed Powell, “He who is less favored in life sonore favored in law.” To attain this, social justice is not simply adopting governmental measures to promote the people’s welfare, hut the measures should be actually implemented. Hence, the ent should take an activist attitude in implementing this 's not only the right but the duty to intervene 1, economic and political welfare of all the governm principle, because it ha vigorously in the social people. Social justice and full protection to labor guaranteed by the fundamental charter is not some romantic notion, high in rhetoric but low in substance (Marcopper Mining Corp. v. NLRC, G.R. No. . It should be a living reality and not a mere 103525, 29 March 1996). high level abstraction in the fundamental law of the land (Magnolia Corp. v. NLRO, 75 SCAD 744). Social justice tramples not the rights of others; Invoking social justice with clean hands Charity and social justice cannot be properly resorted to trample upon. the rights of others nor to shield wrongdoings or illegal acts prejudicial to the rights of property owners who, under the Constitution are algo entitled to protection. Social justice cannot be permitted to be the refuge of scoundrels (PNCC v. NERC, G.R. No. 83320, 9 February 1989; Astudillo v. Board, L-28066, 22 September 1976; Pampanga Elec. Corp. v. NLRC, 65 SCAD 461). 10 LABOR STANDARDS AND SOCIAL LEGISLATION With Notes and Comments ‘The State is mandated to promote social justice and to maint, adequate social services in all phases of national development he the State’s solicitude for the destitute and the have-nots does i mean that it should tolerate usurpations of property, publics private (Tafiada and Fernando, Constitution of the Philippines, 41), ‘Those who invoke social justice may do only if their hands are clean and their motives blameless (Gustilo v. Wyeth Phils., Inc., G.R. No, 149629, 4 October 2004). Social justice or any justice for that matter is for the deserving, whether he be a millionaire in his mansion or a pauper in his hovel, Tn case of reasonable doubt, courts are called upon to tilt the balance in favor of the poor, to whom the Constitution fittingly extends its sympathy and compassion. But it is never justified to prefer the poor simply because they are poor, or to reject the rich simply because they are rich, for justice must always be served, for poor and rich Alike, according to the mandate of the law (Gelos v. Court of Appeals, G.R. No. 86186, 8 May 1992). Compassion and mercy subordinate to justice for all Before there can be an occasion for compassion, sympathy and mercy, there must be justice for all. Otherwise, employees will be encouraged to steal and misappropriate in the expectation that eventually, in the name of social justice and compassion, they snot be penalized but instead financially rewarded. A contrary ruling will merely encourage lawlessness and dishonesty. These are not the Values the society cherishes; these are the habits it abhors (smc NLRC, G.R. No. 117056, 29 March 1996). Justicia nemini neganda cat (ustice is to be denied to none). The Employees Compensation @D. 626) operates on the principle of social justice, but sympatby (Pefhe workers should also be placed in a sensible equilibrium with the stability of the ECC trust fund (Aquino v. SSS, G.R. "No. 149256 21 July 2006). Social justice and regulation of property Private property does not constitute for anyone an absolute oad unconditioned right. No one is justified in keeping for his exclu tise what he does not need, when others lack necessities ‘ vetaitional doctrine found in the Fathers of the Church and et theologians is that the right of property must never be exer e taethe detriment of the common good (Pi ssid. Paul VI Eneyclical). (Pepularuin, Brea dg GENERAL PRINCIPLES AND CONCEPTS at Introduction Regulation of wealth and diffusion of wealth are constitutionally decreed to achieve social justice. To achieve this is to institute changes in our landholding system, whether the land is agricultural or urban. With socialistic ideas in the Constitution, the State can now regulate the size of property one may hold or retain, and the excess may be expropriated by the government for distribution to the needy to give them a decent living. Social justice and the State as parens patriae The Social Services Clause of the Constitution is an extension of the social justice. Its absence, however, will not defeat the very existence of the government. This can still be afforded by the State in its capacity as Parens Patriae, Thus, it maybring suit to protect the property rights of the peoplé¥énforce charities of a public nature, defend the interests of helpless infants and lunatics, oprovide for the confinement of minors in reformatories where they may receive training and education (Gov't. of P.L. v. Monte de Piedad, 35 Phil. 728). ‘The State is thus mandated to establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment by the people of a decent standard of living, and an improved quality of life for all. not fully embraced; Welfare state concept Concept of laissez f adopted ‘Laissez faire is an economic theory based on non-governmental interference in business or economic affairs (Sibal, Phil. Legal Encyclopedia 489) of the private-sector. ‘The Constitution recognizes the significant role of the private or businese sector; however, it has not embraced fully the concept. of laissez faire or, otherwise, relied on pure market forces to govern the economy (Employers Confederation of the Phils. v. NWPC, 201 SCRA 759). The differences in the aims of workers and employers fare 60 numerous and basic that a strict laissez faire policy on the part of the government is not practical, With conflicts inescapable and where ono of the contestants is markedly weaker than the other, the weaker may be faced with a “take it or leave it” choice. Thus, Controls are necessary to protect the economically weak (Miller, imerican Labor and the Government 8, 11). » 4 LABOR STANDARDS AND SOCIAL LI With Notes and Comments LATION What the Constitution adopted, in lieu of laissez faire theory the welfare state concept which is manifested in its provisions gt as the principle of social justice and the protection to labor daa (Alalayan. v. National Power Corporation, 24 SCRA 172), 7 Social services and education The State is mandated to concretize programs on education, provide scholarships to deserving students born to less privilege families, enact measures to implement the Constitutional provisions on free public education up to the secondary level, and to establish more state-owned universities and colleges. This is significant for those who cannot acquire education from private and commercialized educational institutions. Social services and health ‘The strength of the nation depends on the health of the people constituting it. This is based on the dictum, “a strong nation depends upon a strong body.” Thus, promotion of sound health policies should be the main concern of the State. The PhilHealth, one of the revolutionary programs, extends financial assistance to as mat! people with the coverage of employees in the public and the priva!? sectors. It should be emphasized, however, that the target of the health programs is the downtrodden for they could hardly avail the high cost of medical treatment. Social services and housing To guarantee the enjoyment by the people of a decent lviné every family should have a house which it can call its own. The $" is thus mandated to prioritize programs on low-cost housing poor and the destitute, Squatters living in dilapidated houses be relocated to places where they can start a new life. ‘Tene housing and “BLISS” projects are commendable programs. But the " are instances wherein only the rich i tial peor! ® accorded these benefits, na the ina e Safeguards should therefore be inst so that only the poor and the homoele For witl™ ie ° ess would benefit. For the safeguards, the “BLISS” will only benefit the “blessed” poor Social services and employment ‘ Indisputably, unemployment opt ; t problem is a social and "pi disease that must be controlled, if CSS Tend » 4