College of Teacher Education

First Semester, A.Y. 2022-2023

MODULE 6
Workers Values

INTRODUCTION Date & Time Allotment: __________________

This Module focus on the Worker Values such as the Workers Producers, Ethical Aspect, Labor Jurisdiction
etc.

I. INTENDED LEARNING OUTCOMES

At the end of the chapter, students are expected to;

 Explain and analyze the proper working values, the common problem on labor and some important
rights and duties of the employers and employees as provided for under the Labor Code and
pertinent legislations. The constitutional provisions on education as well as some provisions of
pertinent laws; and,
 Know and be able to assert for the benefits due to the employees as provided for under the Labor
Code and pertinent laws.

II. LECTURE

Workers as Producers

In the Philippines, the workers who constitute the labor force are the ones who create and or produce
the economic goods and services which represent the wealth of the nation. The same is measured in terms
of “Gross Domestic Products (GDP)”. It is the money value of all the economic goods and services
produced in a given calendar year, from January 01 to December 31 of every year. Yet the workers remain
poor while the capitalists who financed for the said production of the economic goods and services
become richer.
 Concentration of Wealth

The concentration of wealth among the few citizens, particularly, the affluent sector of the Filipino
society and in most cases the capitalists who financed and owned the means of production of said
economic goods and services attribute to this anomalous system which in effort constitute an exploitation of
the Filipino workers.

This is aggravated by the fact that the Philippine government officials appear to be indifferent to the
workers in the sense that they are more sympathetic to the capitalists or maybe because due to the fact
that they are the capitalists themselves.

Ethical Aspects

To bail out the workers from their exploitative situation, it is therefore necessary that the workers
themselves shall initiate the needed reforms in terms of virtues or values which they must acquire through
their own efforts such as discipline, honesty, perseverance, timeliness, self-reliance, helpfulness and most
of all concern for one moreover, the capitalists and the government must also have their combined efforts
to help the workers attain their goals of providing their families a decent life with a “living wage” and a
humane working conditions. This can be possible only should the capitalists and the concerned public
officers be responsible enough to share their income with the workers and for the strict enforcement of the
Labor Code and pertinent Laws.

Legal Aspects

The values both the workers and the employers should acquire shall be the duties and responsibilities
as provided for under the Labor Laws and pertinent legislation as they shall be complied with by all
concerned.

The reason is that strict compliance with said laws shall elevate the economic conditions of the workers
and their families. Hence, the same must be internalizing as a matter of values for those who are called to
enforce the same including the workers and their families as the beneficiaries thereof.
 Labor Jurisdiction

Labor jurisprudence refers to such decisions of the Supreme Court or the Court of Appeals as the case
may be applying and or interpreting the labor laws in proper case.

Labor jurisprudence is an integral parts of the labor laws because the decisions of the courts applying or
interpreting the laws or the constitution shall form a part of the legal system of the Philippines ( Art.8, RA
386, Civil Code of the Philippines ).

Implementing Rules and Regulations

The implementing Rules and Regulations promulgated by the Department of Labor likewise form parts
of the Labor laws in the sense that they must also be complied with for the ailment of the rights and
privileges provided for under the Labor Laws.

The same is in consonance with the regulatory powers of the secretary of the Department of Labor and
Employment (DOLE) under the principles of delegated legislation.

The limitations, however is that the Implementing Rules and Regulations (IRR) shall not be violate of the
law it seeks to implement. Otherwise, said IRR is void for being contrary to law (Pase vs. Drilon G.R. No.
81958, June 30 1988).

Labor Code (PD 442 as Amended)

The principal law on labor is PD 442 as amended. It was issued by then President Ferdinand E. Marcos
on May 1, 1974 to take effect six (6) months thereafter on November 1, 1974. Since then, it underwent
several amendments (Art. 1 & 2, PD 442).

Social Justice

Social Justice is neither communism, nor despotism nor atomism nor anarchy, but the humanization of
laws and the equalization of 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 welfare
of all the people, the adoption by the government of measures calculated to ensure economic stability of all
the component elements of society through maintenance of proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally, through the exercise powers underlying
the existence of all government, on the time honored principle of “Salus Populi est Suprema lex” (Calalang
vs. Williams 70 Phil. 726).

Simple Stated, “Social Justice means giving more in law to those who have less in life”
 Labor Laws shall be implemented with the constitutional mandate of social justice principle since
between capital and labor; the latter is less fortunate aside from being active partner for progress and
development of the country.

Labor Contract Interpreted in Favor of Labor

Again in consonance with the social justice principles, Art. 4 of the Labor Code (PD 442) as amended
provides:

All doubts in the implementation and interpretation of the provisions of this code, including its
implementing rules and regulations shall be resolved in favor of labor.

Burden of Proof Lies with the Employer In the Dismissal Case

This policy of protection to labor likewise imposed upon the employer to prove the valid exercise of its
rights to dismiss an employee.

Constitutional Protection to Labor is not Designed to Destroy Capital

The constitution, however while committed to the policy of social justice and the protection of the
working class, should not be supposed that every labor dispute will be automatically decided in favor labor.
Management also has its rights which are entitled to respect and enforcement in the interest of simple fair
play. Thus, where management right to transfer employees is validly exercise, as in this case, courts will
decline to interfere (Best Wear Garments vs. De Lemos, G.R. No. 191281, 05 Dec. 2012).

Substantial Capital or Investment

Substantial capital or investments refer to capital stocks & subscribed capitalization in the case of
corporations, tools, equipment, implements, machineries and work premises actually and directly used by
the contactor or subcontractor in the performance or completion of the job, work or service contracted out.

Other Prohibited Acts for being Contrary to Law or Public Policy

Contracting out of job, work or service when not done in good faith and not justified by the exigencies of
the business and the same result in termination of regular employees and reduction of work hours or
reduction or splitting of the bargaining unit;

 Contracting out of work with a “Cabo”

Cabot refers to a person or group of persons or to a labor group which, in the guise of a labor
organizations, supplies workers to an employer with or without monetary consideration whether in the
capacity of an agent of the employer or as an ostensible independent contractor;
 Taking undue advantage of the economic situation or lack of bargaining strength of the contractual
employee, or undermining his security of tenure or basic rights, or circumventing the provisions or regular
employees.

Rights of Contractual Employees

The contractual employee shall be entitled to all the rights and privileges due to a regular employee as
provided for in the Labor Code as amended, including the following:

 Safe and Healthful Working Conditions

Labor Standards such as service incentive leave, rest days, overtime pay, holiday pay, 13 th month pay
and separation pay.

 Social Security and Welfare Benefits

Self organizations, collective bargaining, peaceful concerted action; and Security of tenure (Sec.8).

Illegal Recruitment for Local Employment

Article 38 of the Labor Code as amended providing for illegal recruitment is deemed confined for local
employment since as regards the overseas, the illegal recruitment is provided in Section 7 RA 8042
otherwise known as Migrant workers and Overseas Filipinos Act of 1995.

Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense
involving economic sabotage. Illegal recruitment is deemed committed by a syndicate carried out by a
group of three (3) or more persons conspiring or confederating with one another.

Philippine Overseas Employment Administration (POEA)

Seaman

Seaman means any person employed in a vessel engaged in maritime navigation (Art.13 (g) Labor
Code as amended).

Overseas Employment

Overseas employment means employment of a worker outside the Philippines (Art.13 (h) Labor Code as
amended).

It is an employment of a worker outside the Philippines covered by a valid contract (POEA Rules and
Regulations Governing the Recruitment and Employment of Land Based overseas Worker, Feb. 2 2004).

Emigrant
 Emigrant means any person, worker or otherwise who emigrates to a foreign country by virtue of an
immigrant visa or resident permit or its equivalent in the country of destination (Art. 13 (i) Labor Code as
amended)).

Presumption of Recruitment

There exists a presumption that the individual or entity is engaged in recruitment and placement
whenever he is dealing with two or more persons to whom, in consideration of a fee, an offer or promise of
employment is made in the course of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring of workers.

Working time regulations

 In most instances, the maximum working week must not exceed an average of 48 hours unless there
has been an agreed opt out
 In addition to this, there is an entitlement to 11 hours rest per day and 48 hours rest per for night.
 There is also an entitlement to a 20 minute unpaid rest break for a shift of 6 hours or more

Hours Worked

Hours worked, “means all hours during which the employee is authorized or required, known or
reasonably believed by the employer to be on duty on the employer's premises or at a prescribed work
place. An analysis of “hours worked” must be determined on a case-by-case basis, depending on the facts.
Principle in Determining Hours Worked

An employee must be paid for all of the time considered to be hours worked and all time that is hours
worked must be counted when determining overtime hours worked. The Hours Worked Advisor will help
employees and employers determine which hours an employee spends in work related activities are hours
worked.

Waiting Time

It is time spent by an employee, typically during normal work hours, waiting for direction from their team
lead, supervisor, or manager. These on-duty waiting time periods usually last only for a short time and can
be unpredictable as to when they occur and how long they will last.
Again, critical to the determination of whether waiting time is off-duty and, thus, does not need to be
counted as hours worked, is whether the employee:
 is completely relieved of his or her job duties and is told such by the employer;

 can leave his or her workplace;

 is free to use the time for personal purposes;
 has sufficient time to take advantage of being relieved of...

Holliday with Pay

Holiday with Pay Act, 1974 Sets out the conditions under which workers are entitled to holidays and sick
leave with pay or such gratuities and benefits as may be determined. The Holidays with Pay Order
regulates the granting of both vacation leave (holiday) with Pay and Sick Leave with Pay.

Meal and Rest Periods

 Employers also provide their employees a 10 minutes paid rest period for each four hour shift (or major
fraction thereof).
 Breaks should be uninterrupted, and taken as close to the middle of their shift period as possible.
 The requirements of a rest period are like a meal period but the rest break is paid.
Coffee Break
A coffee break in the United States and elsewhere is a short mid-morning rest period granted to employees
in business and industry, corresponding with the Commonwealth terms "elevenses", "smoko" (in Australia),
"morning tea", "tea break", or even just "tea". An afternoon coffee break, or afternoon tea, often occurs as
well.
Over Time Pay
Overtime refers to the time worked by an employee over 40 hours per week. According to The Fair
Labor Standards Act (FLSA), most employees must be paid 1.5 times their regular working wage for any
work above 40 hours per week. In some cases, however, employers must use a formula to calculate
weighted overtime.
If you believe your employer is not paying you overtime owed and you would like legal advice and
representation, contact Weisberg Cummings, P.C. to arrange a consultation with one of our attorneys.

WHAT IS WEIGHTED OVERTIME PAY?

Weighted overtime is also known as “blended” overtime. It is most often used in situations where an
employee performs multiple types of jobs at one organization and gets paid different rates for each.
Weighted average overtime uses a formula to get the average of a worker’s different pay rates so they can
be paid for overtime without the employer having to calculate and add up the overtime pay for each rate
separately.
Blended overtime can also be used in situations where an employee has overtime hours and also gets tips
or commission as part of their pay.

Unfair Labor Practice (ULP)

Violate the constitutional rights of workers and employees to self-organization are inimical to legitimate
interest of both labor and management, including their rights to bargain collectively and otherwise deal with
each other in a atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the
promotion of healthy and stable management relations (Art. 247, Labor Code as amended).
 Unfair labor practices are actions taken by employers or unions that are illegal under the National Labor
Relations Act (NLRA) and other labor laws. Some of these rules apply to the interactions between the
employer and the union; others protect individual workers from unfair treatment by an employer or union.
V. OTHER REFERENCES
Values Education Legal and Ethical Perspective, First Edition (Lito A. Penaflor, Karyl O. Penaflor) Pp 87-
137
https://www.google.com/search?
q=WORKERS&source=lnms&tbm=isch&sa=X&ved=2ahUKEwjSjOv416jsAhUEEqYKHdTEAt0Q_AUoAXoE
CBoQAw&biw=1366&bih=654#imgrc=uKdLK_IjyInIJM