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Introduction To Labor Laws

The document discusses the history and evolution of labor laws in the Philippines from the Spanish colonial era to the present. It outlines key features of the Philippine Labor Code such as minimum wage, overtime pay, security of tenure, and collective bargaining agreements. It also examines ongoing challenges like the large informal economy and effective enforcement of labor protections.

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Erdanlove Diel
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37 views2 pages

Introduction To Labor Laws

The document discusses the history and evolution of labor laws in the Philippines from the Spanish colonial era to the present. It outlines key features of the Philippine Labor Code such as minimum wage, overtime pay, security of tenure, and collective bargaining agreements. It also examines ongoing challenges like the large informal economy and effective enforcement of labor protections.

Uploaded by

Erdanlove Diel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction of Labor Laws in the Philippines

Dr Blenn B Nimer

The Philippines has a rich history of labor laws, dating back to the colonial era.
Understanding their introduction and evolution helps us appreciate the present legal
framework and its impact on workers and employers.

I. Early Influences:
• Spanish Era: Focused on religious indoctrination and basic literacy, offering limited
protection for workers.
• American Era: Introduced more structured labor laws, including the Eight-Hour
Labor Law and the creation of the Bureau of Labor.
• 1935 Commonwealth Constitution: Recognised the right to labor and collective
bargaining.
• 1953 Republic Act 875 (Industrial Peace Act): Often called the "Magna Carta of
Labor," it established core labor rights like freedom of association, minimum wage,
and protection against unfair labor practices.
• 1974 Presidential Decree 442 (Labor Code of the Philippines): Codified existing
labor laws and introduced new provisions on social security, termination, and
occupational safety.

II. Key Features of Philippine Labor Code


1. Minimum Wage: Ensures a minimum hourly, daily, or monthly wage for different
sectors and occupations.
2. Overtime Pay: Requires payment of regular wage plus 25% for work exceeding 8
hours per day or 48 hours per week.
3. Rest Periods: Provides for a 1-hour lunch break and a 24-hour rest period after every
6 consecutive working days.
4. Security of Tenure: Protects workers from illegal dismissal and guarantees due
process.
5. Unfair Labor Practices: Prohibits employers from engaging in acts that interfere
with worker's right to organise or bargain collectively.
6. Freedom of Association: Workers have the right to form or join unions and bargain
collectively with employers.
7. Collective Bargaining Agreements (CBAs): Agreements between unions and
employers regarding wages, working conditions, and other terms of employment.
8. Strike: Workers have the right to strike as a last resort after exhausting other means
of settling disputes.
9. Social Security System (SSS): Provides benefits for retirement, disability, and
sickness.

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10. Pag-IBIG Fund: Provides housing benefits for members.
11. PhilHealth: Provides health insurance coverage.
12. Prohibition of Child Labor: Restricts the employment of children below 15 years
old, with exceptions.
13. Occupational Safety and Health: Requires employers to maintain a safe and healthy
workplace.
14. Maternity & Paternity Leave: Provides female employees with paid leave for
childbirth and recovery.
15. Standard Work Hours: 8 hours per day, 48 hours per week
16. Night Shift Differential: 10% premium for work between 10 PM and 6 AM.
17. Termination pay: Required upon termination for reasons not misconduct.
18. 13th-month pay: Mandatory bonus equivalent to 1 month's salary payable not later
than December 24 (PD No. 851).
19. Dispute settlement mechanisms: Provide avenues for resolving labor disputes,
including conciliation, mediation, and arbitration.

III. Challenges and Debates:


• Informal Economy: A large portion of the workforce operates outside the formal
sector, with limited access to labor protections.
• Job Status in the Public Sector: The government is the number one violator of
labor laws in the country.
• Effective Implementation: Ensuring enforcement of laws and addressing gaps in
coverage remains a challenge.

Conclusion:
The introduction of labor laws in the Philippines has significantly improved the working
conditions and rights of Filipino workers. However, ongoing challenges highlight the
need for continuous adaptation and improvement to ensure a fair and just labor market
in the face of changing economic realities.

Further Discussion Points:


• What are the key areas for reform and improvement in the Philippine labor legal
framework?

• Assignment: What are the perspectives of different stakeholders (workers,


employers, government) on labor laws? (Instruction: Interview at least three
workers from the private sector and three from the public sector, a combination of
regular and non-regular, two private employers, and two heads of office from any
government agency. Write your paper in an essay format incorporating their
responses. This assignment is due on February 24.)

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