LABOR CODE OF THE

PHILIPPINES
INSTRUCTOR: MS. MICHOL NICOLE L. MURALLON
SCHOOL YEAR : 2022-2023 FIRST SEMESTER
 CHAPTER ONE: GENERAL PROVISIONS

• What are the objectives of Philippine labor laws?

• Are our labor laws biased in favor of labor and against capital?
• Does the Labor Code apply to government employees or only to those in the private sector?

The Labor Code of the Philippines is the principal labor law of the country. It contains most of
our labor laws such as those on illegal recruitment, wages of workers, rights of union members,
collective bargaining and employment termination. It also deals with the right to make and
enforce reasonable regulations, to reorganize and economize and to lay-off lazy and
undisciplined employees.
This code is a piece of social legislation referring to a broad category of laws that protect or
promote the welfare of society or segments of it in furtherance of social justice.
 LABOR LEGISLATIONS

Classified into:
LABOR STANDARDS- laws set out the minimum terms, conditions and benefits of the employment that
employers must provide or comply with and to which employees are entitled as a matter of legal right. The laws on
wages and work hours, on safety, and health of employees, on employment benefits, such as paid leaves and medical
services for work connected injuries- these are examples of standard laws.

LABOR RELATIONS- laws 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. Unionization
negotiation and dispute settlements fall in the area of labor relations.

SOCIAL JUSTICE- is the humanization of laws and the equalization of social and economic forces by the State
so that justice and it’s rational and objectively secular conception may at least be approximated. In simpler and
concrete terms, social justice connotes equality under the law and the attainment of a decent quality of life by the
people through humane productive work..
 CONTINUATION
• A both legal and and a social mandate and a socio- economic goal. The present Constitution says that the “State shall
promote social justice in all phases of National Development. The aim and reason and therefore the justification of labor
laws is social justice.

Article 3. DECLARATION OF BASIC POLICY- The State shall afford protection to labor, promote full employment, ensure equal work
opportunities regardless of sex, race, creed, and regulate the relations between workers and employers. The State shall assure the rights of workers
to self- organization , collective bargaining, security of tenure and just and humane conditions of work.
7 BASIC RIGHTS OF WORKERS GUARANTEED BY THE CONSTITUTION
a) THE RIGHT TO ORGANIZE
b) TO CONDUCT COLLECTIVE BARGAINING OR NEGOTIATION WITH MANAGEMENT
c) TO PEACEFUL CONCERTED ACTIVITIES INCLUDING STRIKE IN ACCORDANCE WITH LAW
d) TO ENJOY SECURITY OF TENURE
e) TO WORK UNDER HUMANE CONDITIONS
f) TO RECEIVE A LIVING WAGE
g) TO PARTICIPATE IN POLICY AND DECISION MAKING PROCESSES
 DEPARTMENT OF LABOR AND EMPLOYMENT
(DOLE)

the lead agency in enforcing the labor laws and it possesses rule-making power in the
enforcement of the Code. But a rule or regulation that exceeds the department’s rule making authority is
void. The rule making power is exceeded when the implementing rule changes, wittingly or
unwittingly, the content or meaning of law which the rule aims to implement. The implementing rule in
other words must be subordinate to the law itself.

VISION: “ Every Filipino worker attains full and decent and productive employment.”

MISSION: “ To promote gainful employment opportunities; to develop human resources; to protect

workers and promote their welfare and to maintain industrial peace.
 PRE-EMPLOYMENT
RECRUITMENT AND PLACEMENT OF WORKERS
Article 12. STATEMENT OF OBJECTIVES.- It is the policy of the state :
• To promote and maintain a state of full employment through improve manpower training, allocation and
utilization
• To protect every citizen desiring to work locally or overseas by securing him the best possible terms and
conditions of employment.
• To facilitate a free choice of available employment by persons seeking work in conformity with the national
interest;
• To regulate the employment of aliens , including the establishment of a registration and/or work permit
system
• To strengthen the network of public employment offices and rationalize the participation of the private sector
in the recruitment and placement of workers, locally and overseas to serve national development objectives
• To ensure careful selection of Filipino workers for overseas employment in order to protect the good name of
the Philiippines abroad.