 The Constitution affords full protection to labor;

when conflicting interests of labor and capital

collide.
 Labor contracts are impressed with public interest;
the Constitution protects right of the workingman.
 Why Courts should be vigilant in protecting the
rights of the working class as enshrined in the
Constitution.
 Under the Constitution, labor is entitled to
“humane conditions of work” and “ equality of
employment opportunites”
 The constitutional protection given to labor is
not designed to oppress or destroy capital.
 Social Justice ceases to be an effective
instrument for “equalization of the social and
economic forces” by the state when it is used to
shield wrongdoing.
 Social Justice policy mandates compassionate
attitude towards the working class; while the
constitution’s protection into labor does not
condone wrongdoing, it urges moderation of
the sanctions that may be imposed.
 1. Construction in favor of labor.
 1.1 Interpretation of Labor Code- In interpreting
Labor Code provisions, the workingman’s welfare
should be the primordial and paramount
consideration.
 Article 4 or the Labor Code as amended, which
states that “all doubts in the implementation and
interpretation of the provisions of Labor Code
including its implementing rules and regulations
shall be resolved in favor of labor” as well as the
Constitutional mandate that the State shall afford
full protection to labor and promote full
employment and opportunities for all.
 1.2 in the interpretation of contracts relating to
employment, like the CBA, the constitutional
policy of according utmost protection and
justice to labor should be upheld.
 1.3 As applied to evidence.- If doubts exist
between the evidence presented by th
employer and the employee the doubt should
be resolved in favor of the employee.
 In this case, there are serious doubts in the evidence
on record as to the factual basis of the charges
against the employee.
1.4 In the Interpretation of an employer’s program
providing for separation benefits, all doubts
should be construed in favor of labor.
 Workers are intended beneficiaries and our

Constitution mandates a clear bias in favor of the

working class.
 2. “No work-no pay” Principle.
 2.1 The age old rule governing the relation
between labor and capital, or management and
employee of a “fair day’s wage for a daily basic
factor in determining employees’ wages.
 2.2 Project or work pool employees who have
gained the status of regular employees are subject
to the “no work, no pay” principle.
 Hence, in computing backwages the amount
corresponding to the period they did not undertake
any project should be deducted.
 2.3 “No work, No pay” Principle does not
apply when the employee himself was forced
out of job.
3. “Last in, First out” (LIFO) Rule. – LIFO Rule
applies to termination of employment in the line
of work.
4. “ One Union-One Company” Policy.

 4.1 As a general rule, there should only be one union

in one employer unit. The proliferation of unions in
one employer unit should be discouraged unless
there are compelling reasons which would deny a
certain class of employees the right to self
organization.
 4.2 CONTRA: The one company-one union
policy must yield to the right of the employees
to form unions or associations for purposes not
contrary to law, to self organization and to
enter into collective bargaining negotiations,
among others, which the constitution
guarantees.
 4.3 Rationale for “one company-one union”
policy.
 - the ends of unionism are better served if all
rank and file employees, with substantially the
same interest and who invoke their right to self
organization, are part of a single unit so that
they can deal with their employer with just one
and yet potent voice.
 5. “Equal pay for equal work” Principle.
 The long honored legal truism dictates that persons
who work with substantially equal qualifications,
skill, effort and responsibility, under similar
conditions, should be paid salaries.
 6. Non- diminution of benefits.
 Art. 100, Labor Code. Prohibition against
elimination or diminution of benefits.- Nothing
in this Book shall be construed to eliminate or
in any way diminish supplements, or other
employee benefits being enjoyed at the same
time of promulgation of this Code.