WHAT IS

LABOR
CODE?
Labor Code
- a set of substantive and procedural
laws that that prescribe the principal
rights and responsibilities of employers, employees
and other industrial participants, as well as the role
of Government, in employment and related
activities, so as to institute social justice.
Birth of the
Labor Code
The writing of labor code began in 1968
under the leadership of the Minister of
Labor, Mr. Blas F. Ople, who deserves
being regarded as the “Father of the Labor
Code
Principles
Underlying
the Code
1. Labor relations must be made both responsive and responsible to

national development

2. Labor laws or labor relations during a period of national emergency

must substitute rationally for confrontation; therefore, strikes or

lockouts give away to a rational process which is arbitration.

3. Laggard justice in the labor field is injurious to the workers, the

employers and the public; labor justice can be made expeditious

without sacrificing due process.

4. Manpower development and employment must be
regarded as a major dimension of labor policy, for there
can be no will equality of bargaining power under
conditions of severe mass unemployment.

5. There is aa global labor market available to qualified

Filipinos, especially those who are unemployed or
whose employment is tantamount to unemployment
because of their very little earnings.
6. Labor laws must command adequate resources and acquire

capable machinery for effective and sustained implementation;

otherwise, they merely breed resentment not only for the workers

but also of the employers. When labor laws cannot be enforced,

both the employers and the workers are penalized, and only a

corrupt few – those who are in charge of implementation -may get

the reward they do not deserve.

7. There should be popular participation in national policy-making

through what is now called tripartism.

Definition of Terms
• Employer - a person in the employ of an employer.

• Employee - a person in the employ of an employer.

• Worker - any member of the labor force, whether employed or

unemployed.

• Recruitment and Placement - refers to any act of canvassing, enlisting,

contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for
employement locally or abroad, whether for profit or not.
Definition of Terms
• Labor Organization - means any union or association of employees which
exists in whole or in part for the purpose of collective bargaining or of
dealing with employers concerning terms and conditions of employment.

• Legitimate Labor Organization - means any labor organization duly

registered with the Department of Labor and Employment, and includes any
branch or local thereof.

• Company Union - means any labor organization whose formation, function

or administration has been assisted by any act defined as unfair labor
practice by the Labor Code.
Definition of Terms
• Bargaining representative – means a legitimate labor organization
whether or not employed by the employer.

• Labor dispute – includes any controversy or matter concerning terms

and conditions of employment or the association or representation of
persons in negotiating, fixing, maintaining, changing or arranging the
terms and conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and employee.
Definition of Terms
• Managerial employee – is one who is vested with the powers or
prerogatives to lay down and execute management policies and/or to
hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
employees.

• Supervisory employees - are those who, in the interest of the

employer, effectively recommend such managerial actions if the
exercise of such authority is not merely routine or clerical in nature
but requires the use of independent judgment.
Definition of Terms
• Strike - means any temporary stoppage of work by the concerted action
of employees as a result of an industrial or labor dispute.

• Lockout - means any temporary refusal of an employer to furnish work

as a result of an industrial or labor dispute.

• Internal union dispute - includes all disputes or grievances arising from

any violation of or disagreement over any provision of the constitution
and by laws of a union, including any violation of their rights and
conditions of union membership provided for in the Labor Code.
Definition of Terms
• Strike-breaker - means any person who obstructs, impedes or
interferes with by force, violence, coercion, threats, or intimidation
any peaceful picketing affecting wages, hours or conditions of work
or in the exercise of the right of self-organization or collective
bargaining.

• Strike area - means the establishment, warehouses, depots, plants or

offices, including the sites or premises used as runway shops, of the
employers struck against, as well as the immediate vicinity actually
used by picketing strikers in moving to and from before all points of
entrance to and exit from said establishment.