I. FUNDAMENTAL PRINCIPLES AND CONCEPTS Flashcards
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
A. Sources of Labor Laws
1. 1987 Constitution
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Promotion of human dignity
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Freedom from Poverty
Principle of distributive justice
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Freedom of Initiative & Self-reliance
Right to due process of law
Right to equal protection of law
Right to self-organizationn
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
A. Sources of Labor Laws
- Civil Code
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- General Principles Governing Labor Relations: The Civil Code of the Philippines contains foundational legal principles and concepts that have implications for labor relations and employment practices. While not specifically focused on labor matters, certain provisions of the Civil Code establish fundamental rights, obligations, and contractual principles that apply to employment relationships.
For example, Article 19 on “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith”
sets a STANDARD OF FAIRNESS & GOOD FAITH that may inform labor-related disputes and obligations.
- Contractual Framework for Employment Agreements: The Civil Code provides the legal framework for contractual agreements, including those related to employment. Provisions governing contracts, obligations, and liabilities are relevant to employment contracts, hiring practices, and employer-employee relationships.
For instance, Article 1306, which states that “The contracting parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy,” establishes the parameters within which employment contracts must operate.
- Remedies and Liability in Labor Disputes: Certain provisions of the Civil Code may apply in labor disputes to determine remedies and liabilities.
For example, provisions on damages, compensation, and torts may be invoked in cases involving wrongful termination, workplace injuries, or other labor-related grievances. Article 2176, which provides that “Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done,” may be cited in cases of employer liability for workplace accidents.
Examples:
1. Article 1700 (Civil Code): This article pertains to the obligations of a lessor, which may have implications for employment situations where housing or accommodation is provided as part of the employment contract. For instance, if an employer leases residential quarters to employees, the lessor’s obligations under this article regarding the habitability and maintenance of leased premises may be relevant.
- Article 1477 (Civil Code): This article concerns contracts of sale, which may apply to transactions involving the purchase of goods or services by an employer for use in the course of employment. For instance, if an employer enters into a contract to purchase machinery or equipment for use in its business operations, the provisions of Article 1477 regarding the sale of movable property would be applicable.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
A. Sources of Labor Laws
- Labor Code
Policies:
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Art 3, Labor code
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Republic Act No. 6715, Article 3 “Declaration of Public Policy,” outlines the following key points for easy memorization:
- Protection of Workers’ Rights: The article declares the policy of the State to protect the rights of workers to security of tenure, humane conditions of work, and a living wage.
- Promotion of Social Justice: It emphasizes the promotion of social justice and the elevation of the dignity of labor as fundamental principles guiding labor relations.
- Labor as Primary Social Economic Force: Recognizes labor as the primary social-economic force, essential for promoting national development and improving the quality of life for all.
- Encouragement of Free and Voluntary Collective Bargaining: The article encourages free and voluntary collective bargaining as a means of settling labor disputes and ensuring industrial peace.
- Protection Against Unfair Labor Practices: It affirms the protection of workers against unfair labor practices and ensures their right to self-organization, collective bargaining, and peaceful concerted activities.
- Harmonization of Interests: The article emphasizes the need to harmonize the interests of employers and workers through collective bargaining and other voluntary modes of negotiations.
- Labor-Management Cooperation: It promotes labor-management cooperation as a means of resolving issues and improving productivity, efficiency, and competitiveness.
- Participation in Policy and Decision-making: Lastly, it recognizes the importance of workers’ participation in policy and decision-making processes affecting their rights and welfare.
In summary, Article 3 of Republic Act No. 6715 declares the public policy of the State towards labor relations, emphasizing the protection of workers’ rights, promotion of social justice, encouragement of collective bargaining, and the importance of labor-management cooperation for the mutual benefit of employers and workers.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
A. Sources of Labor Laws
- Department of Labor and Employment (DOLE) Issuances
Issuances=DO R&R AG = Supplemntl
RegAuth of DoLe
The statement “Philippines labor laws may come from Department of Labor and Employment (DOLE) issuances” highlights several key points regarding the legislative and regulatory framework governing labor relations in the Philippines:
- Source of Labor Laws: It emphasizes that labor laws in the Philippines may originate from issuances by the Department of Labor and Employment. These issuances include department orders, rules and regulations, and other administrative guidelines issued by DOLE.
- Regulatory Authority of DOLE: The statement underscores the regulatory authority of the Department of Labor and Employment in overseeing labor-related matters and implementing labor policies in the country. DOLE plays a crucial role in formulating, implementing, and enforcing labor laws to ensure compliance and protect the rights and welfare of workers.
- Supplementary Regulations: It implies that DOLE issuances serve as SUPPLEMENTARY regulations to existing labor laws enacted by the Philippine Congress. While the PRIMARY sources of labor laws are statutes passed by Congress, DOLE issuances provide detailed guidelines, procedures, and interpretations to facilitate the implementation and enforcement of these laws.
- Flexibility and Adaptability: The statement suggests that labor laws issued by DOLE may be more flexible and adaptable to changing labor market conditions and emerging issues. DOLE has the authority to issue new regulations or amend existing ones in response to evolving labor practices, technological advancements, and socio-economic developments.
- Importance of Compliance: Lastly, it underscores the importance of compliance with DOLE issuances as part of the broader legal framework governing labor relations in the Philippines. Employers, employees, and other stakeholders are expected to adhere to these regulations to ensure fair labor practices, promote decent work, and maintain harmonious labor relations.
In summary, the statement highlights the significant role of the Department of Labor and Employment in promulgating/PROCLAIMING regulations that complement and supplement labor laws enacted by Congress, thereby contributing to the effective regulation of labor relations and the protection of workers’ rights in the Philippines.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
A. Sources of Labor Laws
- Jurisprudence
DYNAMIC
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The statement “Philippines labor laws may come from Supreme Court jurisprudence” implies several key points regarding the development and interpretation of labor laws in the country:
- Judicial Interpretation: Supreme Court jurisprudence plays a crucial role in interpreting and clarifying the provisions of labor laws enacted by the Philippine Congress. Through its decisions and rulings on labor-related cases, the Supreme Court provides guidance on the application and implementation of labor laws in various contexts. These interpretations help to CLARIFY ambiguous provisions, resolve legal disputes, and Establish Precedents for future cases.
- Expanding Legal Principles: Supreme Court decisions can Contribute to the expansion and development of labor laws by interpreting them in light of EVOLVING social, economic, and legal CURCUMSTANCES. The Court may articulate NEW legal principles, doctrines, or standards through its rulings, which subsequently influence labor practices, policies, and regulations. For example, the Supreme Court may recognize new rights for workers, define employer obligations, or clarify procedural requirements in labor disputes.
- Filling Legal Gaps: In some instances, Supreme Court jurisprudence may FILL gaps or lacunae in existing labor laws where legislative enactments are insufficient or inadequate. Through its decisions, the Court may Address EMERGING issues, novel situations, or unanticipated scenarios not explicitly covered by statutory provisions. In doing so, the Court helps to ensure the continued relevance, effectiveness, and adaptability of labor laws to contemporary labor relations realities.
Overall, the statement underscores the dynamic interaction between legislative enactments and judicial interpretations in shaping the legal landscape of labor relations in the Philippines. While labor laws originate from statutes passed by Congress, Supreme Court jurisprudence contributes significantly to their interpretation, application, and development, thereby influencing labor practices, rights, and obligations in the country.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
1. Labor as Primary Social Economic Force – 1987 CONST., art. II, sec. 18
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Certainly! Here are three key points explaining how Section 18 of Article II of the 1987 Constitution recognizes that labor is a socio-economic force:
- Labor as a Pillar of Society: The provision acknowledges that labor is a crucial component of society’s economic and social fabric. It recognizes the essential role that labor plays in driving economic growth, fostering development, and sustaining the well-being of individuals and communities. By acknowledging labor as a socio-economic force, the Constitution emphasizes the importance of protecting the rights and welfare of workers to ensure a just and equitable society.
- Protection and Promotion of Labor Rights: Section 18 underscores the state’s commitment to uphold the dignity of labor and protect the rights of workers. It mandates the state to afford full protection to labor, promote full employment, ensure equal work opportunities regardless of gender, race, or creed, and regulate the relations between workers and employers to safeguard the interests of both parties. This recognition highlights the need for legislation and policies that prioritize labor rights, fair wages, safe working conditions, and social security benefits.
- Labor’s Contribution to National Development: By acknowledging labor as a socio-economic force, the Constitution recognizes that the collective efforts of workers drive economic progress and national development. It implies that policies and programs aimed at empowering workers, enhancing their skills, and providing them with adequate compensation and benefits are vital for achieving sustainable development goals. Moreover, the recognition of labor’s importance underscores the need for collaboration between the government, employers, and labor organizations to create an environment conducive to productive and fulfilling employment.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Full Protection to Labor – 1987 CONST., art. XIII, sec. 3
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Certainly! Here are three key points illustrating how Section 3 of Article XIII of the 1987 Constitution provides full protection to labor:
- Recognition of Workers’ Rights: Section 3 recognizes the fundamental rights of workers, including the right to just and humane conditions of work, security of tenure, living wages, equal work opportunities, organized and collective bargaining, and participation in policy and decision-making processes affecting their rights and welfare. This provision ensures that workers are entitled to fair treatment, safe working conditions, and opportunities for advancement in their respective fields.
- Regulation of Employment Relations: The section empowers the state to regulate the relations between workers and employers, ensuring that labor practices adhere to ethical standards and legal requirements. It authorizes the enactment of laws that establish minimum labor standards, such as minimum wage laws, laws governing working hours, rest periods, overtime pay, and provisions for health and safety in the workplace. By regulating employment relations, the state aims to prevent exploitation, discrimination, and abuse of workers’ rights by employers.
- Social Justice and Welfare Programs: Section 3 emphasizes the state’s duty to promote social justice and protect the welfare of workers. It mandates the provision of social security benefits, including social insurance, health care, and retirement benefits, to ensure the well-being of workers and their families. Additionally, the state is tasked with implementing programs that address unemployment, underemployment, and job displacement, thereby mitigating the adverse effects of economic fluctuations on the labor force.
Example: To uphold the principle of full protection to labor, the Philippine government enacted the Labor Code of the Philippines, which establishes comprehensive regulations governing employment relations, workers’ rights, and welfare. For instance, the Labor Code sets minimum wage rates for different sectors and regions to ensure that workers receive fair compensation for their labor. It also mandates the provision of benefits such as social security, health insurance, and retirement benefits to eligible workers, thereby promoting their economic security and well-being. Additionally, the Labor Code protects workers’ right to organize and engage in collective bargaining, empowering them to negotiate with employers for better working conditions and benefits. Through these legislative measures, the government fulfills its constitutional mandate to provide full protection to labor and promote social justice in the country.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Security of Tenure – 1987 CONST., art. XIII, sec. 3
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Certainly! Here are three key points explaining the concept of security of tenure as outlined in Section 3 of Article XIII of the 1987 Constitution:
- Protection Against Unjust Dismissal: Section 3 guarantees workers security of tenure, which means that they cannot be dismissed from their employment without just or authorized cause and due process. This provision aims to prevent arbitrary termination of employment and protects employees from unjust dismissal by their employers. Employers must follow lawful procedures and provide valid reasons for terminating an employee’s tenure, ensuring that workers’ rights are upheld and protected.
- Stability and Continuity in Employment: Security of tenure promotes stability and continuity in employment relationships, benefiting both employees and employers. Workers who have security of tenure enjoy greater job stability and confidence in their positions, allowing them to plan for their future and invest in their careers. Employers also benefit from retaining experienced and skilled employees, leading to increased productivity, efficiency, and continuity in business operations.
- Legal Remedies for Unlawful Termination: In cases of unlawful dismissal or termination, employees have legal remedies available to challenge their termination and seek redress for any injustices suffered. Section 3 recognizes the right of workers to seek recourse through legal avenues, such as filing complaints with labor tribunals or administrative bodies, to challenge unjust dismissals and assert their right to security of tenure. By providing legal protections and avenues for recourse, the Constitution ensures that workers can defend their rights and seek justice in cases of unlawful termination.
Example: In practice, security of tenure means that employers cannot terminate employees’ contracts arbitrarily or without valid reasons. For instance, if an employer wishes to dismiss an employee for poor performance, they must provide documented evidence of the employee’s underperformance and afford them due process, including notice and an opportunity to be heard. If the employer fails to adhere to these requirements and dismisses the employee unfairly or without just cause, the employee may file a complaint with the appropriate labor authority, such as the National Labor Relations Commission (NLRC), to challenge the dismissal and seek reinstatement or monetary compensation for damages incurred. Through legal proceedings, the employee can assert their right to security of tenure and hold the employer accountable for any violations of labor laws or contractual agreements.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Social Justice
– 1987 CONST., art. II, sec. 10;
Labor Code, Art. 218, as renumbered by DOLE D.A. No. 01-2015
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Certainly! Here are two key points explaining how Section 10 of Article II of the 1987 Constitution enforces social justice:
- Equitable Distribution of Wealth and Resources: Section 10 emphasizes the promotion of social justice by ensuring the equitable distribution of wealth and resources among all segments of society. This provision recognizes the importance of addressing socioeconomic disparities and inequalities to uplift marginalized and disadvantaged groups. It mandates the government to formulate and implement policies that promote social justice and prioritize the welfare and interests of the underprivileged sectors of society, including farmers, workers, indigenous peoples, and other marginalized groups. By advocating for the equitable distribution of wealth and resources, Section 10 aims to reduce poverty, inequality, and social injustice, fostering a more inclusive and equitable society.
- Protection of Workers’ Rights and Welfare: Another key aspect of social justice highlighted in Section 10 is the protection of workers’ rights and welfare. The provision underscores the government’s duty to ensure decent work and just wages for all workers, as well as to protect their rights to security of tenure, humane working conditions, and fair labor practices. This includes safeguarding workers against exploitation, abuse, and unfair labor practices by employers, as well as promoting the rights of workers to organize, collectively bargain, and participate in decision-making processes that affect their working conditions. By upholding and protecting workers’ rights and welfare, Section 10 contributes to the realization of social justice and the creation of a more equitable and inclusive society where all individuals have the opportunity to thrive and prosper.
Example: To enforce social justice based on Section 10, the government may implement various policies and programs aimed at addressing socioeconomic inequalities and promoting the welfare of marginalized groups. For instance, the government could enact laws to regulate labor practices and ensure fair wages, such as minimum wage laws and laws prohibiting unfair labor practices. Additionally, the government may establish social protection programs, such as universal healthcare, education subsidies, and social assistance programs, to provide essential services and support to vulnerable populations, including low-income families, elderly individuals, persons with disabilities, and unemployed workers. These initiatives help promote social justice by addressing systemic inequalities, empowering marginalized groups, and creating opportunities for social and economic advancement.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Equal Work Opportunities
– 1987 CONST., art. XIII, sec. 3;
Labor Code, art. 3
Certainly! Here are two key points explaining how Section 3 of Article XIII of the 1987 Constitution enforces equal work opportunities:
- Non-Discrimination in Employment: Section 3 mandates the elimination of discrimination in all forms of employment, including hiring, promotion, training, and compensation, based on factors such as gender, age, ethnicity, religion, political affiliation, disability, or other irrelevant criteria. This provision ensures that all individuals have equal access to employment opportunities and are treated fairly and without prejudice in the workplace. It promotes meritocracy and diversity in the labor market, where individuals are hired, promoted, and rewarded based on their qualifications, skills, and performance rather than arbitrary or discriminatory factors. By prohibiting discrimination in employment, Section 3 promotes equal work opportunities for all, regardless of their background or personal characteristics.
- Affirmative Action and Special Protections: Additionally, Section 3 recognizes the need for affirmative action and special protections to address historical injustices, social inequalities, and underrepresentation of certain groups in the workforce. It empowers the state to enact laws and policies that promote the employment of marginalized and disadvantaged sectors, including women, youth, indigenous peoples, persons with disabilities, and other vulnerable groups. These affirmative action measures may include quotas, preferential treatment, targeted training programs, and other interventions aimed at leveling the playing field and creating equal opportunities for all individuals to participate and succeed in the labor market. By providing special protections and opportunities for marginalized groups, Section 3 seeks to overcome barriers to employment and advance social justice and equality in the workplace.
Example: To enforce equal work opportunities based on Section 3, the government may implement policies and programs aimed at combating discrimination and promoting diversity and inclusion in the labor force. For instance, the government could enact anti-discrimination laws that prohibit employers from discriminating against job applicants or employees based on protected characteristics such as gender, race, religion, or disability. Additionally, the government may establish initiatives to increase the representation of underrepresented groups in certain industries or professions, such as providing scholarships, training programs, and mentorship opportunities for women in STEM fields or persons with disabilities in the workforce. These efforts help create a more inclusive and equitable labor market where all individuals have the opportunity to pursue their chosen careers and contribute to the nation’s economic development.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Right to Self-Organization and Collective Bargaining
– 1987 CONST., art. XIII, sec. 3;
Labor Code, arts. 3 and 253
Article XIII, Section 3 of the 1987 Constitution of the Philippines enforces the right to self-organization and collective bargaining agreement through two key points:
- Guarantee of Freedom to Form Unions: This section ensures that workers have the freedom to form associations, unions, and organizations for the protection and promotion of their rights and interests. It underscores the importance of collective action and solidarity among workers to negotiate better terms and conditions of employment. For example, labor unions have the right to organize themselves within a company or industry to collectively bargain for wages, benefits, and working conditions. One notable example is the formation of trade unions in various sectors such as manufacturing, transportation, and healthcare to advocate for better working conditions and fair compensation.
- Recognition of Collective Bargaining: The Constitution recognizes the right of workers to engage in collective bargaining and negotiations with their employers to determine their terms and conditions of employment. This provision emphasizes the importance of dialogue and negotiation between employers and employees to reach mutually beneficial agreements. For instance, collective bargaining agreements (CBAs) are legally binding contracts negotiated between labor unions and employers that outline terms and conditions of employment, including wages, benefits, grievance procedures, and working hours. These agreements help maintain harmonious labor-management relations and ensure the protection of workers’ rights within the workplace.
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS
B. State Policies
- Construction in Favor of Labor –
Labor Code, art. 4;
Civil Code, art. 1702
In Case of Doubt in Contracts = construe AGAINST party eho DRAFTED it
Article 4 of the Labor Code of the Philippines and Article 1702 of the Civil Code both reflect the state policy of construction in favor of labor, which means that in cases of doubt in the interpretation and application of labor laws or contracts, the scales of justice should tilt in favor of the workers. Here’s an explanation of each article and an example:
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Labor Code, Article 4: This article states that all doubts in the implementation and interpretation of the provisions of the Labor Code, including its implementing rules and regulations, shall be resolved in favor of labor. It underscores the principle of protection for workers and ensures that their rights and interests are upheld, especially in situations where there may be ambiguity or uncertainty in the application of labor laws.
For example, if there is uncertainty about whether a particular benefit should be granted to an employee under the Labor Code, the principle of construction in favor of labor would dictate that the benefit should be provided to the employee. -
Civil Code, Article 1702: This article provides that in case of doubt, a contract shall be construed against the party who drafted it. While not explicitly mentioning labor specifically, this provision is often applied in labor cases to protect the interests of workers. When employers draft contracts or agreements, they typically have more bargaining power and resources compared to individual employees or labor unions. Therefore, Article 1702 ensures that any ambiguities or uncertainties in employment contracts are interpreted in favor of employees to prevent exploitation or injustice.
For instance, if there is ambiguity in a contract clause regarding overtime pay, it should be interpreted in favor of the employee to ensure fair compensation for their additional work hours.
- According to Article XIII, Section 3 of the 1987 Constitution, which of the following rights are guaranteed to all workers?
a) Right to self-organization and collective bargaining
b) Right to engage in any form of strike without restriction
c) Right to work without any conditions
d) Right to unlimited wage increases
Answer: a) Right to self-organization and collective bargaining
- What does Article XIII, Section 3 of the 1987 Constitution guarantee regarding employment opportunities?
a) Full employment only for organized workers
b) Equality of employment opportunities for all workers
c) Preferential employment for foreign workers
d) Employment opportunities based on social status
Answer: b) Equality of employment opportunities for all workers
- According to Article XIII, Section 3, what is one of the entitlements of workers in the Philippines?
a) Unlimited vacation days
b) Security of tenure
c) Automatic promotion every year
d) Guaranteed job placement upon graduation
Answer: b) Security of tenure
