LABOR LAW

Basic Concept


Labor in its broadest sense, includes every possible human exertion, mental or physical, and even spiritual. In a more limited sense, it refers to any bodily or intellectual exertion done wholly or partly for a purpose other than the pleasure derived from its performance.

Labor Law defined



The law governing the rights and duties of the employer and employees


with respect to the terms and conditions of employment and with respect to labor disputes arising from collective bargaining respecting such terms and conditions

Labor Standards Law



The minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-ofcost-ofliving allowance, and other monetary and welfare benefits, including occupational, safety, and health standards.

Labor Relations Law



Defines the status, rights, duties, and the institutional mechanisms, that govern the individual and collective interactions of employers and employees or their representatives

Labor Law and Social Legislation



Social legislations are those laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.

Social Justice as the Aim



Social justice is neither communism, nor despotism, nor atonism, nor anarchy, but the humanization 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.

Declaration of State Policies Basis for Enactment

    

Article II, Sec. 5 Article II, Sec. 9 Article II, Sec. 10 Article II, Sec. 18 Article XIII, with 14 sections Justice and Human Rights

Social

Constitutional Rights and Mandates



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 assure the rights of workers to selfself-organization, collective bargaining, security of tenure, and just and humane conditions of work. (Labor Code)

THE 1987 CONSTITUTION

ARTICLE XIII LABOR


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 selfand 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 decisionprocesses 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.

As a consequence of the constitutional mandate, the State is duty-bound to dutyprovide and guarantee the following:
  

Full protection to labor; Promotion of full employment; Promotion of equal work opportunities regardless of sex, race or creed; Regulation of the relations between workers and employers; Protection of the rights of workers

Rights of workers
   

SelfSelf-organization; Collective bargaining; Security of tenure; and Just and humane conditions of work.

Labor and Social legislation are enacted pursuant to the police power of the State. Police Power the power to enact wholesome and reasonable laws to promote order, safety, health, morals, and general welfare of society. society.

Birth of the Labor Code



   

The writing of a labor code began in 1968 under the leadership of the then Minister of Labor, Mr. Blas F. Ople, who deserves being regarded as the Father of the Labor Code Ratified by a National Tripartite Congress on April 28, 1973 Submitted to the President on May 1, 1973 It was signed into law as PD No. 442 on May 1, 1974 By end-2006, the Code has been expressly endamended by 20 PDs, 11 Eos, 4 BPs, and 16 RAs