BASIS OF ENACTING LABOR LAWS

Question 1

Police Power

Answer 1

The inherent power of the State to enact legislations that may interfere with personal liberty or property in order to promote the general welfare of the people.

Question 2

Explain Police Power further.

Answer 2

> Consists of imposition of restraint upon liberty and property in order to foster the common good.
General welfare clause deemed written in the employment contract.
Power to regulate personal liberty and property rights.
Labor code consists of several provisions that affect life and property.

Question 3

Social Justice

Answer 3

The promotion of the welfare of the people and the adoption of measures by the government to ensure economic stability among the competent elements of society through the exercise of powers underlying the existence of all the governments on the time-honored principled of salus populi est suprema lex.

Question 4

Protection to Labor Clause

Answer 4

Article 13 Section 3 of the 1987 Constitution

Question 5

Explain the Reason under the Protection to Labor Clause

Answer 5

Employer stands on a higher footing than the employee because of ECONOMIC DEPENDENCE of the employee on the employer and the GREATER SUPPLY of labor than the DEMAND of it.

Question 6

Example of Protection to Labor Clause

Answer 6

MWA (Migrant Workers Act)

Question 7

Doctrine of Incorporation

Answer 7

Article 2 Section 2 of the 1987 Constitution
The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Question 8

Tripartism

Answer 8

refers to REPRESENTATION of workers and employers sectors in decision and policy making bodies of the government. Through tripartism. workers and employers on the one hand, representing their respective interests, and the government on the other hand, representing the interest of the public, help shape labor, social and economic policies and programs of the government.

Question 9

Tripartism is in place in government agencies like…?

Answer 9

NLRC - National Labor Relations Commission
ECC - Employees Compensation Commission
NWPC - National Wages and Productivity Commission
TESDA - Technical Education and Skill Development Authority
SSS _ Social Security System
GSIS - Government Service Insurance System
POEA _ Philippine Overseas Employment Administration
OWWA - Overseas Workers’ Welfare Administration
PAG-IBIG HDF –Home Development Funds