WEEK NO.

01 LECTURE

PRELIMINARY DISCUSSIONS

LABOR LEGISLATION or LABOR LAWS, in its broad sense, refer to all laws which provide for the
benefits of the employees and their relationship with the employers including the welfare of the workers’
families.

Classification of Labor Legislations or Labor Laws:

1. Labor Standards
2. Labor Relations
3. Social Welfare Legislations

LABOR STANDARDS – sets out the minimum terms, conditions and benefits of employment the employers
must provide or comply with and to which employees are entitled as a matter of right.

Examples: the laws on wages and work hours, safety and health of employees, employment benefits such as
paid leaves and medical services for work-connected injuries.

LABOR RELATIONS – 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.

Examples: Unionization, negotiation, and dispute settlements.

SOCIAL WELFARE LEGISLATION – refers to broad category of laws that protect or promote the welfare
of society or segments of society in furtherance of social justice. It includes those granting employees
compensation for work-connected injuries or ailments or deaths, or retirement benefits to workers who have
become unfit or unproductive by reason of old age or other forms of disability.

DISTINCTIONS: LABOR STANDARDS LAW and SOCIAL WELFARE LEGISLATION

LABOR STANDARDS SOCIAL LEGISLATION
1. More direct in application as it affects 1. Govern the effects of employment
directly actual employment such as wages such as compensation for injuries
2. Designed to meet the daily needs of 2.Involves long range benefits
the worker
3. Covers employment for profit or gain 3.Covers generally profit and non-profit
undertakings
4. Affects the work of employees 4.Affects the life of employees
5. Benefits are paid by the worker’s 5.Benefit is paid by the State, i.e., SSS and
employer GSIS

AIM, REASON OR JUSTIFICATION OF LABOR LAWS: SOCIAL JUSTICE

“SOCIAL JUSTICE” is the humanization of laws and the equalization of social and economic forces by the
State so that justice in its rational and objectively secular conception may at least be approximated.” – Justice
Jose P. Laurel

 Social justice connotes equality under the law and the attainment of a decent quality of life by the people
through humane productive work.

 Social justice is both a legal mandate and socio-economic goal.

 While social justice is the reason for existence of labor laws, their basis or foundation is the police
power of the State. It is the power inherent of the State to make laws, within constitutional limits, to
promote the order, safety, health, morals, and general welfare of society.
THE LABOR CODE OF THE PHILIPPINES (PD 442, as amended)

The principal labor law of the country. It has gathered in one volume some 60 pieces of law which were in
force when the codification began in 1968, such as th Eight-hour Labor law, the Minimum Wage Law, and the
Termination pay Law.

May 1, 1974 – draft code was signed into law.

November 1, 1974 – the law took effect but changes to numerous significant provisions were introduced under
Decree No. 570-A issued by Pres. Ferdinand Marcos, Jr.

When the dictator was toppled in 1986, more changes were made in the provisions of the Code.

ART. 3. DECLARATION OF BASIC POLICY. – The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations
between workers and employers. The State shall ensure the right of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.

CONSTITUTIONALL BASES OF THE ART. 3 OF THE LABOR CODE:

Article II.

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

Article XIII

“Section 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 processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just
share in the fruits of production and the right of enterprises to reasonable returns to investments, and to
expansion and growth.”

SEVEN (7) BASIC RIGHTS OF WORKERS GUARANTEED BY THE CONSTITUTION:

1. The right to organize;

2. To conduct collective bargaining or negotiation with management;
3. To engage in peaceful concerted activities, including strike in accordance with law;
4. To enjoy security of tenure;
5. To work under humane conditions;
6. To receive a living wage; and
7. To participate in policy and decision-making processes affecting their rights and benefits as may be
provided for by law.

ART. 4. CONSTRUCTION IN FAVOR OF LABOR. – All doubts in the implementation and interpretation
of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of
labor.
  The mandate under Art. 4 is simply to resolve doubt, if any, in favor of labor. If there is no doubt in
implementing and interpreting the law, labor will enjoy no built-in advantage and the law will have to be
applied as it is.

 The policy is to apply the Code to a greater number of employees so they may avail themselves of the
benefits under the law, in line with the State’s desire to give maximum aid and protection to labor.

ART. 5. RULES AND REGULATIONS. – The Department of Labor and Employment, other agencies
charged with the administration and enforcement of the Code or any of its parts shall promulgate the necessary
implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after
announcement of their adoption in newspaper of general circulation.

 The DOLE is the lead agency in enforcing labor laws and it possesses rule-making power in the
enforcement of the Code

ART. 6. APPLICABILITY. – All rights and benefits granted to workers under this Code shall, except as
otherwise may be provided herein, apply alike to all workers, whether agricultural or non-agricultural.

 The Labor Code of the Philippines does not apply to government employees, including employees of
GOCCs., as provided in Art. 291 of the Code, which states that “the terms and conditions of
employment of all government employees, including employees of government-owned or controlled
corporations, shall be governed by the Civil Service Law, rules and regulations.

 The Labor Code of the Philippines applies to government corporations which have been incorporated
under the Corporation Code.