Lesson 1: Fundamental Principles and Policies - Labor Law: Social Justice
Lesson 1: Fundamental Principles and Policies - Labor Law: Social Justice
Lesson 1: Fundamental Principles and Policies - Labor Law: Social Justice
Prelims
Magsaysay’s
“Those who have less in life, should have more in law.”
DIFFERENCE BETWEEN SOCIAL LEGISLATIONS AND LABOR LAWS
2 Branches of Labor Law
Labor Standards Law
- Deals with the minimum benefits and terms and conditions of employment that an
employee is entitled to as a matter of right and an employer is obliged to give his
employees as a matter of obligation.
Labor Relations Law
- Concerns itself with the adjustment of such terms and conditions through bargaining
and other remedies.
Social Legislation
Broad term that may cover labor laws.
Statutes, regulations, jurisprudence.
Sources:
- Constitution
- Labor Code
- Contracts
Encyclopedia
Laws that seek to promote the common good, generally by protecting and assisting the weaker
members of society.
Azucena
Laws that provide kinds of protection or benefits to society or segments thereof in
furtherance of social justice.
All labor laws are social legislation, but not all social legislation are labor
laws.
Agrarian Reform, Law providing for a social security system, RA 7641—amendment to the
Labor Code’s provisions on retirement pay.
LABOR CODE OF THE PHILIPPINES
Law governing employment practices and labor relations in the PH.
- Enacted in May 1, 1974 by President Ferdinand Marcos, in the exercise of his then extent
legislative power.
- Prescribes rules for hiring and termination of private employees.
- Conditions of work: maximum work hours, overtime, employee benefits like holiday pay,
13th month pay, retirement pay.
- Guidelines in the organization and membership in labor unions as well as in collective
bargaining.
LABOR CODE
Legal code that determines all employment practices and labor relations while ensuring
neither is subject to unfair treatment and exploitation.
Strikes
Also authorized as long as they comply with the strict requirements under the Code.
PH Jurisprudence
Applied a rule that any doubts in the interpretation of law, especially Labor Code, will be
resolved in favor of labor against management.
Rights of the Employer
1. Selection/Employment
2. Pay wages
3. Power of dismissal
4. Control Test
5. Economic Reality Test
SETS OF RULES THAT MAKE UP THE LABOR CODE
Working Hours in PH
- 8 hours a day
- 1 hour lunch break.
- No laws for working hours from home.
Night Shift
- 10 to 6
- 10 percent over regular wage for each hour.
OT Rules
- 25 percent of regular wage.
- 30 percent more if he has asked his employee to work beyond 8 hours on holiday or rest
day.
UT Rules
Article 88
- UT work on business day will not influence OT work.
- Can’t be make up for those hours.
- OT per hour is higher than missed hours.
- OT pay still required even after permission to take leave.
Leaves
- All employers are subject to a weekly rest day of full 24 hours after 6 consecutive
working days.
LESSON 2: CONSTITUTIONAL PROVISIONS
CONSTITUTIONAL PROVISIONS ON LABOR IN 1987 CONSTITUTION
Article 13: Social Justice and Human Rights
Section 1. The Congress shall give highest priority and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for the common good.
State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.
Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
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 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.
CIVIL CODE
The product of the codification of private law in the Philippines.
It is the general law that governs family and property relations in the Philippines. It was
enacted in 1950 and remains in force to date with some significant amendments.
Strongly influenced by the Spanish Codigo Civil, first enforced in 1889 within the Philippines.
Remained in effect throughout the American Occupation
By 1940, Commonwealth Government of President Quezon formed a Commission tasked
with drafting a new Code.
1947, President Roxas of the 3rd Republic created a new Code Commission, this time, headed
by the former Dean of the UP College of Law, Jorge Bocobo.
The Code Commission completed the final draft of the new Civil Code by December 1947,
and this was submitted to Congress, which enacted it into law through Republic Act No. 386.
The Civil Code took effect in 1950.
Placement
Act of placing or putting in place. Act of locating or positioning. State of being placed.
IMPORTANCE OF A STRONG RECRUITMENT PROCESS
typically targeted towards attracting qualified candidates and encouraging
maximum possible job seekers to apply.
7 PHASES IN A RECRUITMENT PROCESS
1. Identifying Hiring Needs
2. Preparing the Job Description
3. Talent Search
4. Screening and Short Listing
5. Interviewing
6. Evaluation and Offer of Employment
7. Introduction and Induction of the New Employee
WHAT IS ILLEGAL RECRUITMENT
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers
and includes referring contract services, promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-license or non-holder of authority
contemplated under Article 13 (F) of Presidential Decree No. 442, as amended otherwise
known as the Labor Code of the Philippines: Provided that any such non-licensee or non-holder
who, in any manner, offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged. (sec. 6, RA 8042)
WHAT IS DIRECT HIRING
Direct hiring hire positions are permanent, usually full-time positions with benefits. Staffing
agency is involved during the recruitment and hiring process, but after an offer is accepted, the
candidate goes directly on the client’s payroll.
Article 87
OT Work
Article 88
UT Not Offset by OT
Article 89
Emergency OT Work
Article 90
Computation of Additional Compensation
Chapter II
Weekly Rest Periods
Article 91
Right to Weekly Rest Day
Article 92
When Employer May Require Work on a Rest Day
Article 93
Compensation for Rest Day
Chapter III
Holidays, Service Incentive Leaves, and Service Charges
Article 94
Right to Holiday Pay
Article 95
Right to Service Incentive Leave
Article 96
Service Charges
TITLE II
WAGE
Chapter I
Preliminary Matters
Article 97
Definitions
Article 98
Application of Title
Chapter II
Minimum Wage Rates
Article 99
Regional Minimum Wages
Article 100
Prohibition Against Elimination or Diminution of Benefits
Article 101
Payment by Results
13TH MONTH PAY
Form of compensation in addition to an employee’s annual salary. Also known as 13th month
salary or 13th salary, and in some countries, a 14th month salary is also common.
Legally introduced in PH in 1975, where it is still enshrined in employment law.
TYPES OF LEAVES EMPLOYEES TAKE
Bereavement
Vacation Leave
Parental Leave
Leave for Personal or Family Reasons and Special Leave
Leave of Absence for Community Service
Long Leave of Absence
Study Leave
Sick Leave
Labor standards in the PH is very important to guide the employers in their obligations and to
protect the worker’s rights and benefits from abuses and diminutions.
Chapter IV
Employment of Homeworkers
ART. 151. Regulation of Industrial Homeworkers. The employment of industrial homeworkers
and field personnel shall be regulated by the government through the appropriate regulations
issued by the Secretary of Labor and Employment to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing them.
ART. 152. Regulations of Secretary of Labor. The regulations or orders to be issued pursuant to
this Chapter shall be designed to assure the minimum terms and conditions of employment
applicable to the industrial homeworkers or field personnel involved.
ART. 153. Distribution of Homework. For purposes of this Chapter, the "employer" of
homeworkers includes any person, natural or artificial who, for his account or benefit, or on
behalf of any person residing outside the country, directly or indirectly, or through an employee,
agent contractor, sub-contractor or any other person: (1) Delivers, or causes to be delivered, any
goods, articles or materials to be processed or fabricated in or about a home and thereafter to be
returned or to be disposed of or distributed in accordance with his directions; or (2) Sells any
goods, articles or materials to be processed or fabricated in or about a home and then rebuys
them after such processing or fabrication, either by himself or through some other person.
Chapter V
Employment of Night Workers
ART. 154. Coverage. This chapter shall apply to all persons, who shall be employed or permitted
or suffered to work at night, except those employed in agriculture, stock raising, fishing,
maritime transport and inland navigation, during a period of not less than seven (7) consecutive
hours, including the interval from and employers. Night worker means any employed person
whose work requires performance of a substantial number of hours of night work which exceeds
a specified limit.
ART. 155. Health Assessment. At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid health problems
associated with their work: (a) Before taking up an assignment as a night worker; (b) At regular
intervals during such an assignment; and (c) If they experience health problems during such an
assignment which are not caused by factors other than the performance of night work. With the
exception of a finding of unfitness for night work, the findings of such shall not be used to their
detriment.
ART. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements where such workers, where necessary, can be
taken immediately to a place for appropriate treatment. The employers are likewise required to
provide safe and healthful working conditions and adequate or reasonable facilities such as
sleeping or resting quarters in the establishment and transportation from the work premises to the
nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.
ART. 157. Transfer. Night workers who are certified as unfit for night work, due to health
reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.
If such transfer to a similar job is not practicable, these workers shall be granted the same
benefits as other workers who are unable to work, or to secure employment during such period.
A night worker certified as temporarily unfit for night work shall be given the same protection
against dismissal or notice of dismissal as other workers who are prevented from working for
reasons of health.
ART. 158. Women Night Workers. Measures shall be taken to ensure that an alternative to night
work is available to women workers who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided
between the time before and after childbirth; 62 (b) For additional periods, in respect of which a
medical certificate is produced stating that said additional periods are necessary for the health of
the mother or child: (1) During pregnancy; (2) During a specified time beyond the period, after
childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined
by the DOLE after consulting the labor organizations and employers. During the periods referred
to in this article: (i) A woman worker shall not be dismissed or given notice of dismissal, except
for just or authorized causes provided for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities. (ii) A woman worker shall not lose the benefits
regarding her status, seniority, and access to promotion which may attach to her regular night
work position. Pregnant women and nursing mothers may be allowed to work at night only if a
competent physician, other than the company physician, shall certify their fitness to render night
work, and specify, in the case of pregnant employees, the period of the pregnancy that they can
safely work. The measures referred to in this article may include transfer to day work where this
is possible, the provision of social security benefits or an extension of maternity leave. The
provisions of this article shall not have the effect of reducing the protection and benefits
connected with maternity leave under existing laws.
ART. 159. Compensation. The compensation for night workers in the form of working time, pay
or similar benefits shall recognize the exceptional nature of night work.
ART. 160. Social Services. Appropriate social services shall be provided for night workers and,
where necessary, for workers performing night work.
ART. 161. Night Work Schedules. Before introducing work schedules requiring the services of
night workers, the employer shall consult the workers' representatives/labor organizations
concerned on the details of such schedules and the forms of organization of night work that are
best adapted to the establishment and its personnel, as well as on the occupational health
measures and social services which are required. In establishments employing night workers,
consultation shall take place regularly.
RA 10524
Who are the persons with disability? Under RA 10524, Persons with Disability (PWDs) refer to
individuals who suffer long-term physical, mental, intellectual or sensory impairments
which, upon interaction with various barriers, may hinder their full and effective participation
in society on an equal basis with others.