Policies A. Constitutional provisions 1. Article II Sec. 9 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. Sec. 10 The State shall promote social justice in all phases of national development. Sec. 11 The State values the dignity of every human person and guarantees full respect for human rights. Sec. 13 The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the low of women and men. Sec. 18 The State Affirms the labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Sec. 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provideds incentives to needed investment. 2. Article III Sec. 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 law. Sec. 4 No law shall be be passed abridging the freedom of speech, of expression, or the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
Sec. 7 The Right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transaction, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Sec. 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. Sec. 10 No law impairing the obligations of contracts shall be passed. Sec. 16 All person shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Sec. 18(2). No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party have been duly convicted. 3. Article XII Sec. 1 The goals of the national economy are a more equitable distribution of opportunities, income and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The state shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient used of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. Sec. 6 The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the state to promote
distributive justice and to intervene when the common good so
demands. Sec. 12 The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. 4. Article XIII Sec. 1 The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political in equalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. Sec. 2 The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. Sec. 3 The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment 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 process 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 of settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State Shall Regulate the relations between workers and emploeyers, recognizing the right of labor to tis just share in the fruits of production and the right of enterprises to reasonable returns on investment and to expansion and growth. Sec. 13 The State shall establish a special agency for disabled persons for their rehabilitation, self-development and self-reliance, and their integration into the mainstream of society. Sec. 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. Cases: 1. Tirazona vs Phil Eds Techno Services, Jan 20 2009 2. Best Wear Garments vs De Lemos, 2012
3. Jamer vs NLRC, 1998
4. Gandara vs NLRC 1998 B. Civil Code 1. Article 19 Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone one his due, and observe honesty and good faith. 2. Article 1700 The Relation 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, hour of labor and similar subjects. 3. Article 1702 In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. C. Labor Code (7 Books) Book I Pre-Employment (Article 12 42) Book II Human Resources Development Program (Article 43 81) Book III Conditions of Employment (Article 82 161) Book IV Health, Safety and Social Welfare Benefits (Article 162 217) Book V Labor Relations (Article 218 292) Book VI Post Employment (Article 293 302) Book VII Transitory and Final Provisions (Article 303 317) D. Concept of Shared Responsibility 5. PAL vs NLRC 1993 Between workers and employees and preferential use of voluntary modes of settling disputes. E. Preference for Labor 6. Fuentes vs NLRC 1997 7. PLDT vs NLRC 1997 When in doubt the cases of labor law should be decided in favor of labor F. Burden of Proof (Substantial Evidence) 1. Technical rules not binding I. MERALCO vs Jan Carlo Gala 2012 Employee has the Burden of Proof of proving he/she is an employee of the company or employer Employer has the Burden of Proof to validity of the exercise of management prerogative specially in termination cases. Employer has the burden of proof if the employer alleged that he was not paid in his work G. No Work No Pay Contract of employment is governed by the principles of contract.
H. Equal Day for Equal Work
Same job same amount equal qualification, skill, effort and responsibility and conditions. Same amount of work should be paid appropriate wage. Wage Should be commensurate to amount of work rendered. I. Last in First out Seniority Principle, who is the most junior will be dismissed due to economic reason. J. One Company One Union Only one union for collective bargaining agreement that the management will negotiate with representing a respective collective bargaining unit. K. Four Fold Test (South West Disaster CONTROL) Selection and Hiring Payment of Wages Power of Dismissal Control Test L. Management Prerogative Circumstances that would make a valid exercise of Management Prerogative: 1. Done in Good Faith 2. Done for the Advancement of the Employers Interest 3. Done not to Circumvent the rights of the Employees Types of 1. 2. 3.
Management Prerogative: Right to prescribe Rules Right to select employees Right to transfer or discharge Employees
II. Recruitment and Placement
A. Recruitment of local and migrant workers 1. Illegal recruitment (Sec. 5, R.A. No. 10022) a) License vs. authority b) Essential elements of illegal recruitment c) Simple illegal recruitment d) Illegal recruitment in large scale e) Illegal recruitment as economic sabotage
f) Illegal recruitment vs. estafa
g) Liabilities (i) Local recruitment agency (ii) Foreign employer (a) Theory of imputed knowledge (iii) Solidary liability h) Pre-termination of contract of migrant worker 2. Direct hiring
B. Regulation and enforcement
1. Suspension or cancellation of license or authority (Art. 35, Labor Code) The Minister of Labor shall have the power to suspend or cancel any license or authority to recruit employees for oversees employment for violation of rules and regulations issued by the Ministry of Labor, the Overseas 2. Regulatory and visitorial powers of the DOLE secretary 3. Remittance of foreign exchange earnings 4. Prohibited activities Labor Legislation are statutes, regulations and jurisprudence governing the relation between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other and other incidents of employment. 7 Rights of Workers enshrined in the Constitution 1. Organize themselves 2. Engage in peaceful concerted activities 3. To collective bargain or negotiate 4. Security of Tenure 5. Living Wage 6. Humane Condition 7. Participate in policy making processes affecting their rights, welfare and benefits Can the Labor Code be applied even no employment relation? Yes. There are provisions in the labor code that deals with Pre-Employment (Book I) As long as the Union or the employees are consulted in the policy making process it is compliance with the constitutional provision of law on the right of the workers to participate in policy making processes affecting their rights and benefits.