UES TES LABOR LAW AND SOCIAL LEGISLATION FUNDAMENTAL PRINCIPLES AND POLICIES 1. What are the labor principles enunciated under Article Xill of the Constitution (Social Justice and Human Rights)? Section 13 of Article Xill of the Constitution provides that the State shall 1. Afford full protection to labor, local and overseas, organized and unorganized; 2, Promote full employment and equality of employment opportunities forall; 3. Gusrantoo the alts ofall workers a al aa oajenizaton, (8) coletve erasing and negations. and (c) peaceful concerted activitiesnéluding the (d)rahtto strike in accordance with law. They shall be entitled to (e) security of tenure, () Pena onelons ol wor att 2 (g) living wage. They shall also (h) participata\in policy and decision-making | affecting thelr rights and benefits.as may be provided by law; 4. Promote the prificiple of shared:responsibility between, workers and emplayers’and the preferential use of voluntaty modes in settling’ disputes, including conciliation; 5. Enforce mutual, compliance) ¢f the) warkefs. and jempldyerS with, their-re8porsibilities foster industrial peace; and 6. Regulate the relations betweet” workers"andl Siifecognizitg the (a) right of labor to its just share in the fruits 6f production and the (b) right of fo reasonable retums to investments, and to expansion and-growith, : 2 2. What is the reason for the passage of labor laws? j The reason for the passage of labor laws is social justice, The Constitutior says that the State affirms labor as a primary social economic force, and therefore, it shall protect the rights of workers and promote their welfare (CONST. Art. Il Soc. 18, vited in Ano, Megeoor atts a, \. Rodolfo Bolanio, G.R. No. 141608, October 4, 2002). 3. What is the concept of Social ie aber favoring'the laborer or employee? ‘The concept provides that, "As between a laborer, usually‘poor and unletteréd, and the employer, who has resources to secure able legal adviee, the law haS reason to demand from the latter stricter compliance. Social justice in these cases isnot equality but protéetion” (Ondoy.v..Ighacio, G.R. No. L-47178, March 16, 1980). Further, Article 4 of, the Labor Code explicitly provides that/all-doubts in the implementation and interpretation of the provisions of. this Cede, includingyits implementing rules and regulations, shall be resolved in favor of Labor. 4. What is the limitation to the Protection-to-Labor Clause’enshrined under Section 18, Article Il of the 1987 Constitution? The constitutional policy to provide full protection to'tabor is not meant to be a sword to oppress employers, (Agabon v. NLRC, G.R. No. 158693, Nevember 17, 2004). The Court cannot favor one party, be it labor or management, in arriving at a just solution to a controversy if the party concerned has no valid support to its claim (P.J. Manufacturing Inc. v. P.|, Manufacturing Supervisors and Foreman Association, G.R. No. 167217, February 4, 2008). EMANCIPATION OF TENANTS. 5. An Archbishop filed with the Municipal Agrarian Reform District Office several petitions for exemption of certain properties planted with rice and corn located in various towns from the coverage of OLT under P.D. No. 27. Two of these petitions were denied by the Regional Director of DAR, which denial was affirmed by the CA. Thus, the Archbishop appealed to the SC and argued that tho deeds of donation by which the lands were transferred to him imposed numerous fiduciary obligations such that he cannot sell, exchange, lease, transfer, encumber, or mortgage the subject lands. Moreover, they are all used for charitable and religious purposes. The Archbishop concluded that he is not the ‘SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS «=LABOR LAW and SOCIAL LEGISLATION landowner contemplated by P.D. No. 27 and R.A. No. 6657 (CARL of 1988) but merely the administrator of the subject properties. Is the Archbishop's contention tenable? No, the Archbishop's contention is not correct because the laws simply speak of the “landowner” without qualification as to under what title the land is held or what rights to the land the landowner may exercise. There is no distinction made whether the landowner holds "naked tile” only or can exercise all the rights of ownership. To hold otherwise is to create exceptions that are not stated in P.D. No. 27 and R.A. No. 6657 and to frustrate the revolutionary intent of the law, which is the redistribution of agricultural land for the benefit of landless farmers and farmworkers (Roman Catholic Archbishop of Caceres v. Sec. of Agrarian Reform, G.R. No. 139285, December 21, 2007). RECRUITMENT AND PLACEMENT OF WORKERS. 6. What is recruitment and placement under:the Labor(Gode?,(CETCHUP-CRAP) Recruitment and placement refers#i@! any act Pe Gave, oe See Transporting, Contracting, Hiring, Utilizing, or Procuring workers, and includes! ‘Advertising for, or Promising employment, locallv.ofabroad, whether for profit or not econ which, in any'fianner, offers or promises for a fee, employment to two.or more persons shall,.be deemed engagedin. recruitment and placement (LABOR-GODE, Art. 13(b)) 7. Four (4) informations were filed-against respondent Abug-for allegedly \operating a private fee charging employment agency by-charging fees. and. promising employment pin Saudi Arabia without fret securing license apr DOLE, Abug fled @ mBWOR BO quash ohthe grog thatthe informations did not charge an offense because he was accused of illegally recruiting only one person in each of the four informations. Under the proviso,in’Art. 13(b), he claimed, theré would be illegal recruitment ‘only “whenever two of moré persons are in any manner promised or offered any employment for a fee." Decide on whether Abug’s contention is ‘correct. ‘Abug's contention is not corféc. The proviso was intended neither fo impose'a condition on the basic rule nor to provide an exception thereto\but merely to create @ ‘presumption. The number of persons dealt with is not an essential ingredient of the-act of recruitmentiandiplacement of workers. Any of'the acts mentioned in the basic rule in Art. 13(b)‘Ofthe Labor Gode will constityteSrecruitment and placement even if only one prospective worker is involved. The law merely lays down a rule Ohevidence that where a fee is collected in consideration of a promis6 Or offer of employment fo two or more prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the’ acbof retruitment and placement. Hence, Abug's contention is not correct. (People v..Panis, GR. Nos. L-58674-77, July 11, 1990). 8. What is illegal recruitment under RA 8042 as amended by RA 10022?/(CETCHUP-CRAP) For purposes of the Act, illegal tecruitment shall mean-2ny act, of/Ganvassing, Enlisting, Transporting, Contracting, Hiring, Utilizing, or Prosurirg workers, and includes Contfact services, Referrals, Advertising for, (or Promising employment abroad, whether fot profit or not, when-undertaken by a non-licensee or non-holder cf authority contemplated under Art. 13(f) Of PuDuNo»dd2na8 amended, otherwise known as the Labor Code of the Philippines. Any such non-licenseé or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more personis’shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a hon-licensee, non-holder, licensee or holder of authority (IF-FOUND-WITH-AFP): 4. To charge greater amount than that specified in the schedule of allowable fees ({llegal exaction): 2. To furnish any false information in relation to recruitment or employment (False information): 3. To give any false notice, testimony etc. or commit any act of misrepresentation to secure a license or authority (Ealse statements); 4, To obstruct or attempt to obstruct inspection by the Labor Secretary or his authorized representatives (Obstruction of inspection); 5. Failure to deploy a contracted worker without a valid reason as determined by the DOLE (Unjustified non- deployment); 6. Failure, to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault (Non-reimbursement upon failure to deploy); ‘SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS