Labor Law 1- September 27, 2020

Labor- considered as exertion by human beings of physical or mental effects, or both, towards the
production of goods and services.

Labor standard- refers to terms and conditions of the employment that employers must comply to
which the employee are entitled as a matter of legal right.

-minimum parameters or requirements that deals rules and regulations relating to wages, hours of
work, cost-of-living allowance and other monetary and welfare benefits.

Labor standard law-refers to the LAWS in labor standard.

(set what is provided in L.S)

Labor relations- laws, rules and regulation which governs the relationship between the employer and
employee to promote the rights of employees for self-organization.

Labor law-right to form a union, association and collective bargaining, penalize unfair labor practices,
settle modes of labor disputes. – Conciliation, Arbitration, Mediation, Grievances Machinery and
Voluntary Arbitration.

Social Legislation - those provide particular kinds of protection or benefits to society or segments
thereof. (in furtherance of social justice)

-which requires payment of benefits by government agencies to the worker or hi family when and while
he cannot work by reason of sickness, disability, old age, death and similar hazards.
-laws that promote the welfare of all sectors of society in furtherance of social justice.

Social Justice- means promotion of welfare of all people, the adoption by the Government of measures
calculated to insure economic stability of all the component elements of society through the
maintenance of proper economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally justifiable or extra-
constitutionally, though the exercise of powers underlying the existence of all governments, on time-
honored. (Callang vs. Williams, G.R. No. 47800- landmark case in social justice)

Principle of Salus Populi Est Suprema Lex- The welfare of an individual yields to that of the community.
(the welfare of the people should be the supreme law)

Sources of labor laws

1. Art. 13, Sec. 3 of the Consti. (MEMORIZE) = Art. 3 of the Labor Code
-Par. 4 of Art. 13, par 3- right to co-determination
-Par. 5 of Art. 13, par 3- Doctrine of Management Prerogatives
(an inherent right of the management/employers to regulate according to his own discretion
and judgment, all aspects of employment, including hiring, work assignments, working methods,
the time, place and manner of work, work supervision, transfer of employees, lay-off of workers
and discipline, dismissal and re-call of employees)
Labor Law 1- September 27, 2020

Article 3- Declaration of Policy (APERA)- Labor Code

1. Afford protection to labor;

2. Promote full employment;
3. Ensure equal work oppurtunities regardless of sex, race and creed;
4. Regulate the relations between workers and employers; and
5. Assure the rights of the workers to
a. Collective bargaining
b. Just and humane conditions of work
c. Self-organization; and
d. Security of Tenure

(Not sure eto)

Policies enshrined in Article 13, Sec. 3 that are not incorporated in Art 3 of LC

1. Afford full protection of labor

2. Peaceful concerted activities including the right to strike in accordance with law.
3. Promote shared responsibility
4. Right of co-determination.

Civil Code Arts. 1700 to 1710- Principle of Non-Oppression

Bases of Labor Law

1. Police Power- state legislatures may enact laws for the protection of the safety and health of
employees as an exercise of the police power.
(rights are not absolute)
2. Social Justice- means promotion of welfare of all people, the adoption by the Government of
measures calculated to insure economic stability of all the component elements of society
through the maintenance of proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the adoption of measures legally
justifiable or extra-constitutionally, though the exercise of powers underlying the existence of all
governments, on time-honored.

Principle of Salus Populi Est Suprema Lex- The welfare of the people should be the supreme law.
(guiding principle-extensive for self-protection)

3. 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.
(already separated from work unlike in Social Legislation)

Subject for limitation (not sure)

a. Law
b. Contracts in the CBA
c. General principle of fair play -catch all provision Art. 19 of NCC
Labor Law 1- September 27, 2020

Article 4-LC (Construction in favor of Labor)

-All doubts in the implementation and interpretation of the provisions of the LC, including its IRR shall be
IN FAVOR OF LABOR.

-If the provision is clear and unambiguous, it must be applied in accordance with its express terms.

Article 6 Applicability

Gen Rule: applies to all workers whether agri or non, including employees in a government corporation
incorporated under the Corporation Code)

Exceptions

1. Corporate officers involved in intra-corporate disputes. -before SEC now, regular court-RTC
2. Employees of government-owned or controlled corporations (gocc) created or origin charter-
governed by CS law.
3. Water districts
4. Foreign governments
5. International agencies and employees of intergovernmental or international organizations-DFA
6. LGU employees

Art. 7-11 (already amended)

Art. 12-Pre-employment (read the provision) (Purpose of Labor Legislation)

Private Employment Agency Private Recruitment Entity

Right to Charge Fee
It has the right duly recognized in law to charge a
fee, directly or indirectly from the workers or the
employers or from both.
Persons whom they are allowed
It is authorized to recruit only for overseas
placement or deployment.
Source of Authority
It is authorized to recruit and place workers from
a document denominated as LICENSE.
Right to Charge Fee
It does not charge any fee either directly or
indirectly from the workers or employers to
which they would be employed.
Persons whom they are allowed
It is allowed to recruit for both local and overseas
deployment.
Source of Authority
It sources its authority from the document called
AUTHORITY.

OFW definition-R.A. 8042 amended by R.A. 10022

POEA (E.0. 797)

Functions are:
1. Formulation
2. Protection of Rights
3. Deployment thru government to government.
**No more jurisdiction on monetary claims—it was transferred to Labor Arbiter thru NLRC
**No more jurisdiction on foreign judgment- it was transferred to regular courts.
In Pre-termination of contract- liability should be foreign and local agency. (Joint and Severally liable)
Labor Law 1- September 27, 2020

--right of the employee if pre-terminated without just.. (reimburse of full payment of placement fee
with 12% annual interest and payment of remaining unexpired portion or 3 months in every year which
ever is lesser.)—not sure.

OWWA- lead agency same as welfare legislation.

Art. 18 Ban on Direct Hiring

Gen rule: Direct hiring of Filipino workers for overseas employment is not allowed.

Exceptions:
1. Diplomatic corps;
2. International orgs;
3. Other employees allowed by DOLE
4. Name hires-individual who are able to secure contracts for overseas employment on their own
efforts and representations without the assistance or participation of any agency. Their hiring,
nonetheless, shall pass through POEA for processing process.
Reasons:
1. To assure the best possible terms and conditions of work to the employees.
2. A form of protection for the Filipino workers.

Four government agencies that promote the welfare and protect the right of the overseas Filipino.

1. DFA
2. DOLE
3. PEA
4. OWWA