TAGBILARAN CITY COLLEGE

College of Business and Industry

Tagbilaran City, Bohol

Ma. Charlotte L. Bag-ao

Course Code ENTREP414 Instructor
Krizelle Mae C. Gambuta
Programs & Policies
mcbagao.tcc@gmail.com
Course Title on Enterprise Email
kmgambuta.tcc@gmail.com
Development
(0977) 0667336
Course Credits 3 Contact Number
(0963) 5366612
Course
Core Consultation Hours
Classification
Consultation Faculty Room
Pre-Requisite(s) None
Venue (by appointment)

Learning Module 5: Introduction of Labor Code, Working Conditions & Rest

Periods
Duration of Delivery: March 15, 2024
Due Date of Deliverables: March 18 – 20, 2024

Intended Learning Outcomes:

By the end of this module, the student should be able to:

• Discuss the main objective of the Labor Code

• Elaborate the Working Conditions and Rest Periods

of an Employee
 INTRODUCTION OF LABOR CODE, WORKING MODULE
CONDITIONS & REST PERIODS
6
LABOR LEGISLATION
- Consists of statutes, laws, rules and regulations and jurisprudence governing the relations
between capital and labor by providing for certain employment standards and a legal framework
for defining, adjusting and administering the standards and other incidents of employment or
related productive work relationship.
- Division:
a. Labor Standards – refers to terms and conditions of employment that employers must
comply with and to which employees are entitled as a matter of legal right.
b. Labor relations – covers the status, rights and duties, and the institutional mechanisms that
govern the individual and collective interactions of employers, employees or their
representatives. Issues about employment tenure and termination fall in this area.

ESSENTIALITY OF EMPLOYER-EMPLOYEE RELATIONSHIP

• The entitlement to protection of or benefits from labor laws requires the existence of employer-
employee relationship.
• Employee
✓ is a salaried person working for another who controls or supervises the means, manner or
method of doing work.
✓ Any person who performs services for an employer in which either or both mental and
physical efforts are used and who receives compensation for such services, where there is
an employer-employee relationship
• Employer
✓ Any person, natural, or juridical, domestic, or foreign, who carries on in the Philippines
any trade, business, industry, undertaking or activity of any kind and uses the services of
another person who is under his order as regards the employment

LABOR LAW OBJECTIVES:

• The aim and the reason and, therefore, the justification of labor laws is social justice. Social
justice is best seen in poverty alleviation.

How may freedom from poverty happen?

1. Provide adequate social services

2. Promote full employment
3. A rising standard of living
4. Improved quality of life for all

HISTORY OF LABOR CODE

• Drafted and created by Mr. Blas F. Ople – the Father of Labor Code
• It was signed into law as PD No. 442. Dictator President announced that the Code would take
effect after six months.
• The Code resurfaced and was loaded with extensive changes through PD No. 570-A.
• This decree was made public, signed and declared to take effect on one and the same day –
November 1, 1974. No prior announcement and prior publication. It was an instance of dictatorial
lawmaking during the Dictator’s 20 year rule.
 WHAT IS THE LABOR CODE (PD 442)?
• A set of substantive and procedural laws that prescribe the principal rights and responsibilities
of the industrial participants, so as to institute social justice.
• Lays down the fundamental rights and correlative obligations of employers and employees to
each other, such as those about work days and work hours, wage and wage protection,
validity if dismissal as well as the processes of unionization and collective bargaining.
• It is not meant to protect a sector to oppress another.
• The rights and responsibilities, not only of employees but also of employers are recognized.
• It has to protect the interests of both employees and employers.
• The context of the Labor Code is societal particularly the problems arising from unequal
distribution of economic power and wealth.

WHAT IS LABOR?

• Sometimes construed to mean service rendered as part played in production of wealth, and
includes superintendence or supervision of work.
• Viewed in its broad ordinary sense as work and work relationship, referring to any economically
productive application of physical, mental, and material resources.
• Simply means work.

EVIDENCE OF EMPLOYMENT

• In business establishment, an identification card is usually provided not only as security measure
but mainly to identify the holder as a bona fide employee of the form that issues it.
• Further, if an employee is also registered with the Social Security System is a proof of
employment as this is covered under Social Security Law.
• Appointment letters or employment contracts, payrolls, organization charts, personnel lists, as
well as testimony of co-employees, may also serve as evidence of employment status.

NORMAL HOURS OF WORK

• The normal hours of work for any employee shall not exceed eight (8) hours a day.
• The eight-hour labor law was enacted not only to safeguard the health and welfare of the laborer
or employee, but in a way to minimize unemployment by forcing employers, in cases where more
than eight-hour operation is necessary, to utilize different shifts of laborers or employees working
only for eight hours each.

HOURS WORKED

• Hours worked shall include:

a. All time during which an employee is required to be on duty or to be at a prescribed
workplace
b. All time during which an employee is suffered or permitted to work
Rest periods of short duration during working hours shall be counted as hours worked.

MEAL TIME

• Employers are required to give employees 60 minutes time-off for their regular meals
• It is not compensable except in cases where the lunch period or meal time is predominantly
spent for the employer’s benefit or where it is less than 60 minutes.

Further Readings and References:

The Labor Code with comments and cases, Vol I., 10th edition, CA Azucena, Jr.

“Study hard. Do good and the good life will follow”