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Labor law reviewer

What is labor law –

Labor Law is a branch of law that governs and regulates the relationship between employers and
employees. (Ungos & Ungos, Labor Law 2 - The Law on Labor Relations, 2020, p.2) Labor Standards sets
out the minimum terms, conditions and benefits of employment

Def of atty – labor is there to govern the rights and duties of employee

Aside from employer and employee is there any other

State is the parent of people

Employer

Employee

State –

They have to step in when the other one (employer/employee ) will step on the rights of each other.

2016 Pre-week Notes on Labor Laws


and Social Legislations by Atty.
Cecilio D. Duka, Ed.D for Jurists Bar
Review Center. All rights
reserved 2016 by Jurists Review
center Inc. Page 1 of 20
JURISTS BAR
REVIEW CENTER™
2016 Pre – Week Notes
Labor Laws and Social
Legislations
Atty. Cecilio D. Duka, Ed.D.
Labor Standards Laws
Labor standards refers to the
minimum requirements
prescribed by existing laws,
rules and regulations
relating to wages, hours of
work, cost of living allowance
and other monetary and
welfare benefits, including
occupational, safety and health
standards (Batong Buhay Gold
Mines, Inc., vs. Dela Serna, et.
al., G.R. No. 86963,
August 6, 1999) They are
covered by Books I to IV of the
Labor Code.
Labor Relations Law
Labor relations laws are the laws,
rules and regulations which
govern the relationship between
employees and
their employers, promote the
right of the employees to self-
organization and collective
bargaining, penalize unfair labor
practice, and provide modes for
the settlement of labor disputes
such as conciliation, mediation,
grievance machinery,
voluntary arbitration and
compulsory arbitration. They are
covered by Books V – VII of the
Labor Code.
Social Legislations
Social legislations are laws,
rules, and regulations that
promote welfare of all sectors
of society. Social
Legislation includes laws that
provide particular kinds of
protection or benefits to the
society, in furtherance of social
justice. Not all social legislations
are labor laws. Labor laws
directly affect employment they
directly govern effects of
employment. All labor laws are
social legislations. But not all
social legislations are labor laws.
DUCA

2016 Pre-week Notes on Labor Laws


and Social Legislations by Atty.
Cecilio D. Duka, Ed.D for Jurists Bar
Review Center. All rights
reserved 2016 by Jurists Review
center Inc. Page 1 of 20

JURISTS BAR
REVIEW CENTER™
2016 Pre – Week Notes
Labor Laws and Social
Legislations
Atty. Cecilio D. Duka, Ed.D.
Labor Standards Laws
Labor standards refers to the
minimum requirements
prescribed by existing laws,
rules and regulations
relating to wages, hours of
work, cost of living allowance
and other monetary and
welfare benefits, including
occupational, safety and health
standards (Batong Buhay Gold
Mines, Inc., vs. Dela Serna, et.
al., G.R. No. 86963,
August 6, 1999) They are
covered by Books I to IV of the
Labor Code.
Labor Relations Law
Labor relations laws are the laws,
rules and regulations which
govern the relationship between
employees and
their employers, promote the
right of the employees to self-
organization and collective
bargaining, penalize unfair labor
practice, and provide modes for
the settlement of labor disputes
such as conciliation, mediation,
grievance machinery,
voluntary arbitration and
compulsory arbitration. They are
covered by Books V – VII of the
Labor Code.
Social Legislations
Social legislations are laws,
rules, and regulations that
promote welfare of all sectors
of society. Social
Legislation includes laws that
provide particular kinds of
protection or benefits to the
society, in furtherance of social
justice. Not all social legislations
are labor laws. Labor laws
directly affect employment they
directly govern effects of
employment. All labor laws are
social legislations. But not all
social legislations are labor laws.
https://www.studocu.com/ph/document/sti-college/human-resource-management/labor-law-and-
social-legislation-by-atty-cecilio-d-duka-edd/44924998

LABOR STANDARDS MINIMUM SATTNDARDS THAT IS SET BY LAW THAT THE EMPLOYER SHOULD
FOLLOW
LABOR RELATIONS – RELA BET THE EMPLOYER EMPLOYEE PARTICULARY UNIONIZATIONA ND POLICY
MAKING

SOCIAL LEGISLATION IS A LAW THAT GOES BEYOND THE REPLATION OF EMPLOYER EMPLOYEE.. IT
AFFECTS THE FAMILY AND RELATIVES IN CASE THERE

SOCIAL JUSTICE – LESS IN LIFE SHOULD HAVE MORE IN LAW, SOCIAL JUSTICE TAKES PLACE

Law on interest – the parties may agree whatever interest there is as long sa they agree o a contract..

There is no exception to involuntary servitude with regard to labor relations.

Involuntary servitude means slavery. The only exception is when the employee strikes.. th government
may order the employee to return to work.. they are technically being required to work.. if they work
they will be com

When we say full employment does it means employment is 100%? It doesn’t mean that there should
be 100% employment. It means full security on job

Article 13 Section 3. – memorize this

LABOR THE PRIMARY SOURCE IF THE CONSTITUITON – ARTICLE 13 SECTION 3 OUTLINES THE LABOR
CODE

RIGHTS OF EMPLOYEES TO FORM A UNION, SECURITY OF TENURE, IF AN EMPLOYEE WHERE TO BE


TERMINATED, THEY SHALL ENJOY… JUST AD HUMANE SUPPORT., 8 HOURS OF WRK ONE HOUR BREAK.

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