C1 - General Principles Flashcards
CHRA cutiee
Physical or mental Effort
Labor
Work for which someone is paid
Labor
Hires/ pays wages
Employer
Renders service/works
Employee
Governs Right and Duties of Employers (Er) and employees (Ee) regarding employment terms and labor disputes.
Labor Law
2 Classification of Labor
Labor Standards & Labor Relations
Minimum terms and conditions of employment which the employer is required to grant to its employees. (e.g., wages, hours of work, holiday pay, working conditions, etc.)
Labor Standards
Regulates the relation between employers and employees.
Labor Relations
Laws promoting public welfare and providing protection or benefits to society. (e.g., GSIS Law, SSS Law, PhilHealth, Agrarian Law)
Social Legislation
Directly affects employment (e.g., wages)
Labor Legislation
Governs effects and employment (e.g., compensation for injuries)
Social Legislation
Main Sources of Labor Law
- Constitution
- Labor Code and Relation special Legislation
- Contracts
- Collective Bargaining Agreements (CBAs)
- Company practices
- Company policies
Resolved in favor of labor (Art 4, Labor Code)
Construction in Favor of Labor
Labor Code Interpretation
In favor of safety and decent living for laborer (Art. 1702, New Civil Code)
Construction in Favor of Labor
Labor Contracts Interpretation
The State shall afford full protection of labor local or overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
Section 3, Article XIII of the 1987 Constitution
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the rights to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wages.
Section 3, Article XIII of the 1987 Constitution
Basic Rights of workers guaranteed by the Constitution
- Security of tenure
- Living Wages
- Share in the fruits of production
- Just and humane working conditions
- Self-organization
- Collective Bargaining
- Collective Negotiations
- Engage in peaceful concerted activities, including the right to strike.
- Participate in policy and decision-making process
Weighing labor and capital on scales of social justice
Balancing Interests
Doctrine extended to benefit more employees
Favoring Labor
Shifts depending on the monetary claim
Burden of Proof
Substantial evidence required in labor cases
Quantum of Evidence
Rights of management are also respected in the interest of fair play.
Management Rights
Neither capital nor labor should act oppressively
Principle of Non-Oppression
Work for non-government organizations or private companies
Private Employees
DOLE
Department of Labor and Employment
SSS
Social Security System
Individuals who work for government entities at a various levels, such as national or local governments.
Public Employees
CSC
Civil Service Commission
GSIS
Government Services Insurance System
