It is that branch of law which governs employment, wage, laborer, labor union, and labor-management relations
Is an act of the legislature and other promulgation of competent legal authorities designed to promote the general welfare of the society
Sets out the minimum terms, conditions & benefits of employment that employers must comply & which employees are entitled as a matter of right
Defines the status, rights and duties, as well as institutional mechanisms, that govern the individual & collective interactions between EE & ER & their representatives.
LABOR LEGISLATION SOCIAL LEGISLATION 1. Directly affects employment 1. Governs the effects of employment 2. Designed to meet the daily needs of the workers 2. Involves a long range of benefits 3. Covers employment for profit or gain 3. Covers employment, profit & non-profit 4. Affects work of the employee 4. Affects the life of the employee
How to understand the LCP Interlocking Mechanisms of Philippine Labor Laws / Social Legislation
The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.
Sec. 14, ART. XII
The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
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.
The State shall A fford protection to labor , P romote full employment , E nsure equal work opportunities regardless of sex, race or creed , and R egulate the relations between workers and employers . The state shall A ssure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. ( PEARA[jssc])
From the foregoing basic policy under the Labor Code, what can be deduced?
Provisions of the New Civil Code of the Philippines
Art. 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 shop, wages, working conditions, hours of labor and similar subjects
All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
GEN. RULE: Liberal construction in favor of labor and strictly against the employer.
EXCEPTION: Construed in favor of labor if there is a doubt as to the meaning of the legal and contractual provisions. If the provision is clear and unambiguous, it must be applied in accordance with its express terms. (MERALCO vs NLRC, GR No. 78763, July 12, 1989)
Reasons for Affording Greater Protection to Employees
Greater supply than demand for labor
The need for employment by labor comes from vital, even desperate necessity