CHAPTER 1

CONSITUTIONAL FRAMEWORK OF LABOR

OBJECTIVES:
At the end of this chapter, the learner will be able to:
 Discuss the right to organization of employees;
 Define collective bargaining;
 Describe security of nature;
 Explain humane working conditions;
 Examine participative management;
 Discuss the right to strike;
 Illustrate just share and reasonable returns;
 Explain comprehensive agrarian reform program;
 Describe subsistence fishermen.

Article III – Section 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. (Bill of Rights – 1987 Philippine Constitution)

Article XIII – Section 3. The state affords full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality 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 right to
strike in accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and decision-
making processes affecting their rights and benefits as may be provided by law.

The state shall promote the principle of share responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.
 The state shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and the right of
enterprises to reasonable return to investments and to expansion and growth. (Labor-
1987 Philippine Constitution)

The truthful and good understanding of the 1987 Constitution of the Philippines is
the first step in the discussion of labor-management topics. The constitution of the land
makes certain that rights of workers or employees are protected against any abuse.

THE RIGHT TO SELF-ORGANIZATION

Self-organization is a process where some type of overall order or coordination

occurs from the local relations among the components of an originally chaotic system.
The right to self-organization is the entitlement of workers and employees to form join
or assist unions, organizations or associations for reasons of collective bargaining and
negotiation as well as for common assistance and protection. It also means the privilege
to employ peaceful combined activities or to join in policy and decision-making
processes concerning their rights and benefits.