LABOR STANDARDS

Labor Code of the Philippines Annotated by Ungos

PRELIMINARY TITLE CHAPTER 1 GENERAL PROVISIONS Art. 1.

Name of Decree

. - This Decree shall be known as the Labor Code of the Philippines.

COMMENT:

1. Salient Features of the Labor Code a. It re-orients labor laws towards

development and employment goals; b. It institutionalizes the NLRC to
facilitate the speedy settlement of labor disputes; c. It establishes a new
system of workmens compensation; d. It establishes a system for
employment of overseas workers and optimizes national benefit therefrom in
the form of dollar remittances and improved skills and technology for our
people; and e. It institutionalizes voluntary arbitration as a mode of settling
labor disputes.

Art. 2.

Date of Effectivity.

This Code shall take effect six (6) months after its promulgation. COMMENT:

1. Effectivity of the Labor Code

Took effect on November 1, 1974

Promulgated on May 1, 1974

Art. 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 assurethe rights of
workers to self-organization, collective bargaining, security of tenure, and just
and humane conditions of work. COMMENT:

1. Reason for Affording Protection to Labor

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 Protection to labor is intended to raise the worker to equal footing with the
employer and shield him from abuses brought about by the necessity for
survival.

Sanchez vs. Harry Lyons

employer stands on higher footing than the employee. First, there is

greater supply than demand for labor. Second, the need for employment by
labor comes from vital and even desperate necessity.

Article 24 of the Civil Code In all contractual property or other relations,

when one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his protection.

2. Extent of the Protection

The protective mantle is available not only against oppressive employees but
also against unscrupulous union leaders.

Heirs of Teodulo Cruz vs. CIR

The union is an agent of its members for the purpose of securing for them
fair and just wages and good working conditions and is subject to the
obligation of giving the members as its principals all information relevant to
union and labor matters entrusted to it. In the case, the union leadership was
recreant in its duty towards the union members for failing to disclose the full
situation of their judgment credit against respondent. Fair dealings, which is
fiduciary in nature, arises from two factors: a. Degree of dependence of the
individual employee on the union organization b. A corollary of the first; is the
comprehen