Republic of the Philippines

CAVITE STATE UNIVERSITY

Carmona Campus
Market Road, Carmona, Cavite
(046) 430-3509/cvsu.carmonacampus@gmail.com www.cvsu.edu.ph

LABOR LAW AND

SOCIAL
LEGISLATION
MODULE
Prepared by:

Axel Arjel S. Adaya, A.B,J.D,

Part-Time Instructor

Cavite State University-Carmona Campus

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PREFACE

This lesson is a brief discussion of how the Philippines have its own idea of rights of
laborers/workers, what is the meaning of labor law or labor code; and what is the
importance of labor law in the Philippine context. The laws in the Philippines was
influence by s strongly influenced by the Spanish Código Civil, which was first enforced

in 1889 within the Philippines when it was still a colony of the Spanish Empire.
Different movements or revelation arise when the government suppressed the rights of
the people. The Philippine labor movement is a social movement of workers and
farmers led by the middle class (Illustrados and Socialist Intellectuals). The movement
which is organize by most of the laborers is composed of labor organizations like trade
unions, farmers’ organization, cooperatives and other sectorial and people’s
organization which is often called as non-government organizations (NGOs).

ABOUT THE AUTHOR

Axel Arjel S. Adaya, is a part-time instructor of Cavite State University – Carmona

Campus. He is a graduate of Bachelor of Arts in Political Science and pursued Bachelor
Law thereafter, he is likewise a holder of a Juris Doctor (Doctor of Laws) Diploma. He is
currently a Court Decongestion Officer of the Regional Trial Court in Santa Rosa City,
Laguna. He is a tenured faculty, teaching both social sciences and business
management subjects since 2013. Law subjects are his forte.

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Cavite State University-Carmona Campus

TABLE OF CONTENTS

LESSON 1. Introduction of Labor Law in the Philippine Context

A. Labor Standards
B. Labor Relations
C. Labor Disputes

LESSON 2. Recruitment and Placement

A. License vs. Authority

B. Private Employment Agency
C. Private Recruitment Entity

LESSON 3. Employer- Employee Relationship

A. Four Fold Test

LESSON 4. Subcontracting

LESSON 5. Kind of Employees

A. Probationary
B. Special Workers (apprentice, learners, handicapped )
C. Women
D. Minors
E. House helpers
F. Home workers
G. Foreigners

LESSON 6. Conditions of Employment

A. Hours of Work
B. Manner of Payment
C. Time of Payment
D. Benefits

LESSON 7. Termination of Employment

A. Just Cause
B. Authorized Cause

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Cavite State University-Carmona Campus

HOW TO USE THIS COMPETENCY BASED LEARNING MATERIAL

Welcome to this Competency Based Learning Material about Labor Law and Social Legislation.

This learning material contains activities for you to complete. It covers the knowledge, skills and attitude
required to apply labor standards law in your field of career.

You are required to go through a series of learning activities in order to complete this module. In each of
the learning outcome, activities are provided and must be completed. You are also expected to answer the
post-test after each learning element.

This module was prepared to help you achieve the required competency in integrating personal objectives
with organizational goals. It will serve as a source of information for you to acquire the required
knowledge of the labor law standards with minimum supervision or help from your trainer. This material
will aid you in acquiring the competency at your own pace, independently.

Cavite State University-Carmona Campus

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LESSON 1: INTRODUCTION TO LABOR

Course Learning Outcomes:

1.Identify the Philippine legal system and where rules on labor are locate. 2.Analyze the
meaning of labor law.
3.Understand the importance of labor law in the Philippine context. 4.Appreciate the
importance of labor law to the Filipino workers.

What is Labor?

u As an act: Exertion by human beings of physical or mental efforts, or both, towards the
production of goods and services.
u As a sector of society: That sector or group in a society, which derives its livelihood
chiefly from rendition of work or services in exchange for compensation under
managerial direction (Mendoza, 2001).
u Refers to workers, whether agricultural or non-agricultural

Constitutional Mandate on Labor

The State shall protect and promote the interests of the Filipino Laborer:

Art. II, Sec. 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living and improved quality of life for all.

Art. II, Sec. 18. The State affirms labor as a primary social economic force. It
shall protect the rights, of workers and promote their welfare.

The State shall protect and promote the interests of the Filipino Laborer:

Art. XII, Sec. 12. The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that help make
them competitive.

Art XIII, Sec. 14. The State shall protect women by providing safe and healthful
working conditions, taking into account their maternal functions, and such

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facilities and opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.

Rights of Workers

Art. Ill, Sec. 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law, shall not be abridged. (formation of labor organizations)

Art. Ill, Sec. 18(2). No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.

Protection to Labor Clause

Art. XIII, Sec. 3 The State shall afford full protection to labor, local and overseas,
organized and unorganized, 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. 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 process affecting their rights and benefits as may be provided
by law.

Social, Labor and Welfare Legislation

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   Labor Legislation Social Legislation

Effect to Directly affects Governs the effects of

Employment employment employment

Designed to meet the Involves long range

Purpose
daily needs of workers benefits

Covers employment for Covers employment for

Coverage
profit or gain profit and non-profit
Effect to Affects work of
Affects life of employee
Employee employee
Benefits are paid by the Benefits are paid by
Payor
worker’s employer government agencies

uu Constitutional provisions on labor are not self-executory, hence the

need for Social Legislation, Labor Legislation and Welfare Legislation
u Social Legislation - Laws that provide particular kinds of protection or
benefits to society or segments thereof in furtherance of social justice.
u Labor Legislation - Statutes, regulations and jurisprudence governing the
relations between capital and labor. It provides for certain employment
standards and a legal framework for negotiating, adjusting and administering
those standards and other incidents of employment.
u Welfare Legislation - Provides for the minimum economic security, of the
worker and his family in case, of loss of earnings due to death, old age,
disability, dismissal, injury or disease.

Social legislation encompasses labor legislation, thus is broader in scope than the
latter. All labor laws are social legislations but not all social legislations are labor
laws.

Social Legislation and Labor Legislation, Distinguished

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LABOR LAW DEFINED

u The law governing the rights and duties of employers and employees
with respect to Labor Standards and Labor Relations.
u Labor Standards Law deals with the minimum standards as to wages,
hours of work and other terms and conditions of employment that
employers must provide their employees.
u Labor Relations Law defines the status, rights and duties as well as the
institutional mechanisms that govern the individual and collective
interactions between employers, employees and their representatives.