LABOR LAWS & LEGISLATION

Gilbert Mariñias Eustaquio

DEFINE LABOR

 What is the other meaning of labor?

Some common synonyms of labor are drudgery, grind, toil, travail, and work. While all
these words mean "activity involving effort or exertion," labor applies to physical or
intellectual work involving great and often strenuous exertion

Difference between labor and work

 Work is what we do by the hour. It begins and, if possible, we do it for money. Welding
car bodies on an assembly line is work; washing dishes, computing taxes, walking the
rounds in a psychiatric ward, picking asparagus--these are work. Labor, on the other
hand, sets its own pace. We may get paid for it, but it's harder to quantify... Writing a
poem, raising a child, developing a new calculus, resolving a neurosis, invention in all
forms -- these are labors.

POLICY ON LABOR

 The State shall promote social justice in all phases of national development. (Art. II sec.
10 Constitution)

 The State values the dignity of every human person and guarantees full respect for
human rights. ( Art. II sec. 11)

 The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare. (Art. II sec. 18. Constitution)

 The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

ARTICLE VIII SEC. 3 CONSTITUTION

 The State shall afford full protection to labor, local and overseas, organized or
unorganized, and promote full employment and equality of employment 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 maybe provided by law.
CONT.

 The State shall promote the principle of shared responsibility between works 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
rights of labor of its just share in the fruit of production and the rights of enterprises to
reasonable returns on investments and to expansion and growth.

DECLARATION OF BASIC POLICY

 The State shall afford protection to labor, promote full employment, ensure equal work
opportunities regardless of sex, race or creed and regulate the relations between
workers and employers. The State shall assure the rights of workers to self-organization,
collective bargaining , security of tenure and just and humane conditions of work.
(Article 3 Labor Code).

DEFINITION (ARTICLE 97 LABOR CODE)

 Employer -includes any person acting directly or indirectly in the interest of an employer
in relation to an employee and shall include the Government and all its branches,
subdivision and instrumentalities, all government owned-and –controlled corporations
and institutions or organizations.

 Employee- any person or individual employed by an employer.

 Work is an intended activity that is accomplished through the will. A labor can be
intended but only to the extent of doing the groundwork, or of not doing things that
would clearly prevent the labor. Beyond that, labor has its own schedule.

There is no technology, no time-saving device that can alter the rhythms of creative labor.
When the worth of labor is expressed in terms of exchange value, therefore, creativity is
automatically devalued every time there is an advance in the technology of work.

WHAT ARE THE SIX MAJOR PART OF THE LABOR CODE OF THE PHILIPPINES?

 1.1 Wages and monetary benefits.

 1.2 Hours of work.

 1.3 Rest days.

 1.4 Holiday pay.

 1.5 Leave.

 1.6 Employment of women.

 1.7 Employment and termination.

 1.8 Benefits.

 It is provided in the Philippine Constitution that: the State shall protect labor, promote full
employment, provide equal work opportunity regardless of gender, race, or creed; and
regulate employers-employees relationship.

 The right to refuse work that could affect their health and safety and that of others.

 Right to Know. The right to know can take many forms and is normally the employer's
responsibility. ...

 The Right to Participate. ...

 The Right to Refuse.

WHAT ARE THE WORKPLACE RIGHTS?

 workplace rights. the right to engage in industrial activities. the right to be free from
unlawful discrimination. the right to be free from undue influence or pressure in
negotiating individual arrangements.

WHAT ARE THE FIVE HUMAN RIGHTS IN THE WORKPLACE?

 1 Human Rights and the workplace.

 1 The basics.

 1 Freedom of association and the right to collective bargaining.

 2 Forced labour.

 3 Child labour.

 4 Discrimination and equal remuneration.

WHAT ARE EMPLOYEES RIGHT AND DUTIES?

 These basic rights are proportional to an employer's duty to make the workplace as
comfortable and employee-friendly as possible. These rights safeguard the employee
from discrimination based on age, gender, race or religion, protect their interest and
entitles them with the right to privacy and fair remuneration.
 What are 5 responsibilities of a worker?

 As a worker, you have a legal responsibility to maintain your own health and safety and
not place others at risk.

 Protect your own health and safety. ...

 Do not place others at risk. ...

 Treat others with respect. ...

 Reporting safety concerns. ...

 Further information.

WHAT IS THE RESPONSIBILITY OF THE EMPLOYER?

 An employer's main responsibility is to make sure that the workplace is safe and that
anyone working in or visiting the workplace is not exposed to hazards or harmed by the
work. For example, the employer must: make sure that work areas, machinery and
equipment are kept in a safe condition.

Duties of employers

 An employer's main responsibility is to make sure that the workplace is safe and that
anyone working in or visiting the workplace is not exposed to hazards or harmed by the
work.

For example, the employer must:

 make sure that work areas, machinery and equipment are kept in a safe condition.

 organise ways of working safely.

 provide information, instruction, training and supervision of employees so they can work
safely.

 make sure that employees are aware of potential hazards.

 provide protective clothing and equipment where hazards can't be avoided.

 consult and co-operate with health and safety representatives and other employees at
the workplace.

 inform employees about hazards in the workplace, and improve their understanding of
safe work procedures. (The information does not always have to be written - it can be
spoken, or in the form of videos and tapes.)
  provide new employees with specialized induction training to help them become familiar
with their new work environment, procedures, equipment and materials so they can do
their job safely. Induction should be much more than having a chat with your supervisor,
completing a few forms and being introduced to your workmates.

 provide information about hazards and the actions taken to control workplace risks
(including the use of personal protective equipment where necessary).

 provide supervision to ensure that employees are not exposed to hazards. Supervision
should include regular checks to make sure health and safety instructions are being
followed.

 consult with employees to identify and control hazards in workplaces. Employees who
are experienced in a job will usually know what can go wrong, and why

 consult with employees and health and safety representatives on health and safety
matters

 make sure equipment and materials are used, stored, transported and disposed of safely

WORKERS AND EMPLOYEES: THE DIFFERENCES

 All employees are entitled to employment protection rights - though some rights require
a minimum period of continuous service. See continuous employment and employee
rights.

 A number of core employment rights, such as the national minimum wage and
regulations on working time, including rest and paid annual leave, are also available to
the wider category who qualify as workers.

CONTRACTS

A person's employment status will depend on whether their contract is:

 a contract of service, ie employment (employee)

 a contract for the personal performance of work (work

 r)a contract for services (self-employed).

Employee vs Worker

An employee is someone who works for you under the terms of an employment contract. A
contract of employment could be written, oral or implied. Note that partners in firms are not
usually employees, they are people carrying on a business with a view to profit; this is entirely
different to an employment relationship. However a 'salaried partner' might have employment
status or be an employee.

WORKER

The category of worker is wider and includes any individual person who works for you, whether
under an employment contract or other type of contract, but is not self-employed. This category
can include casual workers, agency workers or some freelance workers but the terms of the
contract will determine their employment status.

THE LAW WHEN DETERMINING SOMEONE'S EMPLOYMENT STATUS

 For the purposes of income tax and National Insurance contributions (NICs), the agency
(when acting as an employment business) providing an agency worker or casual worker
is responsible for operating PAYE (Pay As You Earn) and accounting for NICs for that
worker.

 If there is a dispute about employment status and employment rights (or taxation), this
can ultimately only be decided by the courts. The courts have devised a number of tests
which examine the individual's circumstances and consider all aspects of the
relationship - including what a contract may or may not say - to establish employment
status.

FIVE KEYS TESTS WHEN LEGALLY DETERMINING EMPLOYMENT STATUS

There are five key tests the courts will consider:

 control - whether you as an employer can instruct them how and which tasks to perform

 integration - whether they are an integral part of your organisation

 mutuality of obligations - whether they are obliged to carry out the work offered, and
whether you are obliged to offer work to them

 substitution - whether someone else can be sent by the worker to do the job

 economic reality - whether they are in business on their own account, eg where they bear
the financial risks of failure to deliver the service or can profit from their own sound
management of the task.