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(Module 1) POS 4219_ Labor and Social Legislation

The document outlines the fundamental principles of labor as established by the 1987 Constitution and the Labor Code of the Philippines, emphasizing the protection of workers' rights, promotion of full employment, and the importance of collective bargaining. It highlights the state's responsibility to ensure humane working conditions, security of tenure, and the participation of workers in decision-making processes. Additionally, it discusses the necessity of a liberal interpretation of labor laws in favor of workers to promote social justice and industrial peace.

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8 views

(Module 1) POS 4219_ Labor and Social Legislation

The document outlines the fundamental principles of labor as established by the 1987 Constitution and the Labor Code of the Philippines, emphasizing the protection of workers' rights, promotion of full employment, and the importance of collective bargaining. It highlights the state's responsibility to ensure humane working conditions, security of tenure, and the participation of workers in decision-making processes. Additionally, it discusses the necessity of a liberal interpretation of labor laws in favor of workers to promote social justice and industrial peace.

Uploaded by

21102282
Copyright
© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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MODULE I : FUNDAMENTAL PRINCIPLES OF LABOR

A. BASIC POLICY ON LABOR


a. MAXIMUM AID AND PROTECTION TO LABOR
i. 1987 Constitution
1. Article II, Section 18, Section 20
a. Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
b. Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
2. Article III, Sections 1, 4 and 8
a. Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
b. Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
c. Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
3. Article XIII, Section 3 and 14
a. 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.
b. WOMEN, Section 14. The State shall protect working women by providing
safe and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.

ii. Labor Code of the Philippines, Article 3 and Article 211


1. Article 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 self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.
2. Article 211. Declaration of Policy.
a. It is the policy of the State:

To promote and emphasize the primacy of free collective bargaining and


negotiations, including voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes;
To promote free trade unionism as an instrument for the enhancement of
democracy and the promotion of social justice and development;
To foster the free and voluntary organization of a strong and united labor
movement;
To promote the enlightenment of workers concerning their rights and
obligations as union members and as employees;
To provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes;
To ensure a stable but dynamic and just industrial peace; and
To ensure the participation of workers in decision and policy-making
processes affecting their rights, duties and welfare.
To encourage a truly democratic method of regulating the relations
between the employers and employees by means of agreements freely
entered into through collective bargaining, no court or administrative
agency or official shall have the power to set or fix wages, rates of pay,
hours of work or other terms and conditions of employment, except as
otherwise provided under this Code. (As amended by Section 3, Republic
Act No. 6715, March 21, 1989).

iii. The Civil Code of the Philippines, Article 1700


1. Article 1700 - The relations between capital and labor are not merely
contractual. They are so impressed with public interest that labor contracts must
yield to the common good. Therefore, such contracts are subject to the special
laws on labor unions, collective bargaining, strikes and lockouts, closed shops,
wages, working conditions, hours of labor and similar subjects.
iv. Illustrative Cases
a. Rañises v. Employees Compensation Commission, G.R. No. 141709, [August 16, 2005], 504
PHIL 340-345
b. Travelaire & Tours Corp. v. National Labor Relations Commission, G.R. No. 131523, [August
20, 1998]

c. Magsaysay Maritime Corporation and / or Cruise Ships Catering and Services International
NV. V. NLRC (Protection of Labor Not Meant As a Sword to Oppress Employers)

B. A LIBERAL INTERPRETATION OF THE LABOR CODE AND ITS IMPLEMENTING RULES


a. When Liberal Interpretation is Allowed?
i. Article 4 – Construction in Favor of Labor. All doubts in the implementation and
interpretation of the provisions of this Code, including the IRR shall be resolved in
favor of labor.

ii. Illustrative Cases:


1. Ditan v. Philippine Overseas Employment Administration Administrator, G.R. No. 79560,
[December 3, 1990], 270 PHIL 47-53

2. Lepanto Consolidated Mining Co. v. Moreno Dumapis, et. al., (G.R. No. 163210, August 13,
2008)

3. Gandara Mill Supply and Milagros Sy v. NLRC and Silvestre(Germano, G.R. No. 126703,
December 29, 1998)

b. Where the Law is Clear, the Law is to be Applied to the Facts of the Case
i. Fetalino et., al. v. Comelec

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