LABOR LAW

GENERAL PRINCIPLES
I. CONSITUTIONAL PROVISIONS

A. Art. II STATE POLICIES

SEC.9 The State shall promote a just and dynamic social order - through policies
that promote full employment, a rising standard of living, and an improved quality
of life for all

Sec. 10 - The state shall promote social justice in all phases of national
development.

Sec. 11 - The state values the dignity of every human person and guarantees respect
for human rights

* Sec. 18 - The State affirms labor as a primary social economic force. It shall
protect rights of workers and promote their welfare.

$ Sec. 20 - recognizes the indispensible role of the private sector, encourages

private enterprise and provides incentives to needed investments

B. Art. III Bill of Rights

Sec. 1 - No person shall be deprived of life, liberty, or property without due

proces of law, (labor=property)
-nor shall any person be denied the equal protection of the laws

Sec. 4- No law shall be passed abridging the freedom of speech, of expression, or

of the press
*- or the right of the people to peacably assemble and petition to the government
for redress of grievances.

Sec. 8 - The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societoes for purposes not
contrary to law shall not be abridged

Sec. 10 - Non-impairment of obligations of contracts

Sec. 16- All persons have the right to a speedy disposition of their cases before
all judicial, quasi-juducial, or admin bodies

Sec. 18 - par 2 - no involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been duly convicted

C. Art. XIII. Social Justice and Human Rights

Sec. 1 - Congress shall give the highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good

Sec. 2 - the promotion of SJ shall include the commitment to create economic

opportunities based on freedom of initiative and self-reliance

Sec 3.
- The sate shall affor full protection to lanbor, local and overseas, organized and
unorganized and uinorganized 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.(collective rights)
- they shall be entitled to security of tenure, humane conditions of work, and a
living wage.(individual rights)
-They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law (right to participate)

collective rights
1. right to self organization
2. collective bargaining and negotiations
3. peaceful concerted activities including the right to strike

individual rights
1. security of tenure
2. humane conditions of work
3. living wage

participate
-right to participate in policy and decision making processes affecting their
rights and benefits

Sec. 3. - promote Priniciple of shared responsibility between workers and employer

- the preferential use of voluntary modes in settling disputes, including
conciliation,
- shall enforce their mutual compliance therewith to foster industrial peace
(shared responisibility) (minimal state interference)
- regulate the relations between workers and employers, reocognizing the right of
laber to its just share in the fruits of production and their right of enterprises
to reasonable return of investments, and to expansion and growth (state regulation)

II. LABOR CODE BASIC PRINCIPLES

Art. 3 - STate shall afford protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or credd and regulate relations
between workers and employers. The state shall assure the rights of workers to self
organization, cb, security of tenure and just and humane conditions of work

Art. 4- Construcion in favor of labor- all doubts in the implementation and

interpretation of the provisions of LC, including irr, shall be resolved in favor
labor(Doubt concerning inter of provisions)

Art. 218- Declaration of policies

a. promote and emphasize the primacy of free cb and negotiations, including
voluntary arbitration, mediation and concilliation, as modes of settling labor or
industrial disputes
b. to promote free trade unionism, as an instrument for the enhancement of
democracy and the promotion of social justice and development - right of an
individual to be part or form a labor union without interference of the government
c. to foster the free and voluntary organization of a strong and united labor
movement - promote interconnection of different labor unions
d. to promote the enlightment of workers concerning their rights and obligations as
union members and as employees - educations of workers as employees and union
members
e. to provide adequate admin machinery for the expeditious settlement of labor or
industrial disputes
f. ensure a stable but dynmaic and just and industrial peace
g. ensure the participation of workers in decision and policy-making processes
affecting their rights, duties and welfare.- not limited to plant level policies
but also governmental level policies

Art. 218 -
B. to encourage a truly democratic method of regulating the relations between the
employers and employess by means of agreements freely entered into through
collective bargaining,
- no court or admin agency or official shall have the power to set or fix wages,
rates of pay, hours of work or other terms and conditions of employment, except as
otherwise provided by this code

Art. 290 - Tripartism

1. tripartism- in labor relations is hereby declared a state policy. towards this
end, workers and employers shall, as far as practicable be represented in decision
and policy-making bodies of the govenrment

III.CIVIL CODE
1700- the relations between capital and labore are not merely contractual-impressed
with public interest that labor contracts must yield to the common good
- such contracts are subject to the special laws on labor unions, cb, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects

1702- in case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer