Labor Law Syllabus-Based

Question 1

Sources of Labor Law

Answer 1

1987 Consti, Civil Code, Labor Code and DOLE Issuances

Question 2

What were the limitations provided by the 1987 Phil Con in the enactment of Labor Laws

Answer 2

Non-impairment Clause; Equal Protection Clause; Prohibition Against Involuntary Servitude and Due Process Clause.

Question 3

Are Constitutional provisions on the protection of labor are
NOT SELF-EXECUTING?

Answer 3

Yes. They are mere guidelines that need enabling laws. They are not judicially enforceable.

Question 4

Rationale why sources of labor laws are not self-executing

Answer 4

Subsequent legislation is still needed to define the
parameters of these guaranteed rights to ensure the
protection and promotion, not only the rights of the labor
sector, but of the employers’ as well.

Question 5

Civil Code: The relations between capital and labor are impressed with public interest that it why…

Answer 5

labor contracts must yield to the common
good. Art 1700.

Question 6

Under Art. 1700 of the Civil Code, labor contracts are subject to the special laws on…

Answer 6

labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours
of labor and similar subjects

Question 6

Principle of Non-oppression is…

Answer 6

Neither capital nor labor shall act
oppressively against the other, or impair the interest or
convenience of the public.

Question 7

Article 1702. In case of doubt, all labor legislation and
all labor contracts shall be construed in favor of…

Answer 7

the safety and decent living for the laborer.

Question 8

What are the seven state policies in Labor?

Answer 8

1. Labor as Primary Social Economic
   Force 2. Full Protection to Labor Constitution, 3. Security of Tenure, 4. Social Justice, 5. Equal Work Opportunities, 6
   Right to Self-Organization and
   Collective Bargaining, 7. Construction in Favor of Labor

Question 9

An employee who is unjustly dismissed from
work shall be entitled to

Answer 9

a) reinstatement without loss of seniority rights and
other privileges and
b) his full backwages, inclusive of allowances, and
c) his other benefits or their monetary equivalent
computed from the time his compensation was
withheld from him up to the time of his actual
reinstatement.

Question 10

Security of Tenure

Answer 10

In cases of regular
employment, the employer shall not terminate the services
of an employee except for a just cause or when authorized by this Title

Question 11

What are the exceptions of Equal Work Opportunities

Answer 11

i) Age is a bona fide occupational qualification
reasonably necessary in the normal
operation of a particular business or where
the differentiation is based on reasonable
factors other than age;
ii) The intent is to observe the terms of a bona
fide seniority system that is not intended to
evade the purpose of this Act;
iii) The intent is to observe the terms of a bona
fide employee retirement or a voluntary early
retirement plan consistent with the purpose
of this Act; or
iv) The action is duly certified by the SOLE.

Question 12

All doubts in
the implementation and interpretation of the
provisions of this Code, including its implementing
rules and regulations, shall be

Answer 12

resolved in favor of
labor.

Question 13

Definition of Labor

Answer 13

Refers to physical or mental exertion necessary to produce goods.
* In a broader concept, it may include labor force who are employed or those who are able and willing to work but are
temporarily or involuntarily unemployed.

Question 14

Manpower

Answer 14

• Portion of the nation’s population which has actual or potential capability to contribute to the production of goods and services.

Question 15

Labor Law

Answer 15

Includes all the rules of law governing the conditions under which persons may work under the control of other person called employers.

Question 16

Labor Standards

Answer 16

• It prescribes the terms and conditions of
  employment as affecting wages or
  monetary benefits, hours of work, cost
  of living allowances, and occupational
  health, safety and welfare of the
  workers.

Question 17

Labor Relations

Answer 17

• Used to denote all matters arising out of
  employer-employee relationship
  involving the concerted action on the
  part of the workers which is usually
  related with the right to selforganization, collective bargaining and
  negotiation purposes.

Question 18

Social Legislation

Answer 18

A law governing employer-employee
relationship while the latter is not “at work” due to hazards beyond his control arising from employment which immobilize him from working.

Question 19

Taxonomy/ Classification of Labor Laws

Answer 19

(a) Protective legislations (protection
against discrimination of women and
child labor)
(b) Welfare or social legislations (life
membership in health cards, retirement
laws, agrarian reform law)
(c) Diplomatic legislations (designed to
settle disputes through peaceful modes)
(d) Administrative legislations (creating
local bodies, ex. NLRC, POEA, TESDA)
(e) Labor relations legislations (more on
worker’s rights to self-organization)
(f) Labor standards legislations
(minimum requirements as to wages,
hours of work and other monetary or
welfare benefits)

Question 20

Purpose of Labor Legislation

Answer 20

• To protect the worker from the mighty
  and to correct the injustices that are
  inherent in employer-employee
  relationship.
• To provide set of restrictions upon the
  worker in his relationship with the
  employer and vice versa to maintain
  industrial peace and harmony; thereby
  promoting industrial democracy

Question 21

10 Constitutional Rights of Workers

Answer 21

1. Right to self-organization
2. Right to collective bargaining
3. Right to security of tenure
4. Right to just an humane conditions
   of work
5. Right to collective negotiations
6. Right to peaceful concerted
   activities
7. Right to strike
8. Right to a living wage
9. Right to participate in policy and
   decision making
10. Right to just share in the fruits of
    production

Question 22

Social Justice Clause
Section 10, Article II of the 1987 Constitution

Answer 22

is for the deserving, whether he be a
millionaire in his mansion or a pauper in his
hovel. It is true that, in case of reasonable
doubt, we are called upon to tilt the balance in
favor of the poor, to whom the Constitution
fittingly extends its sympathy and
compassion. But never is it justified to prefer
the poor simply because they are poor, or to
reject the rich simply because they are rich, for
justice must always be served, for poor and
rich alike, according to the mandate of the law

Question 23

Due process

Answer 23

a law which hears before it
condemn, which proceeds from inquiry and
renders judgment only after trial.

Question 24

Equal protection of the law

Answer 24

– civil rights
must be enjoyed by the same persons of the
same class. (not available to aliens)

Question 25

Common Forms of Involuntary Servitude

Answer 25

1. Servitude – condition of voluntary or
   compulsory subjection of a person
   to a master
2. Slavery – or bondage is the entire
   subjection to one another
3. Peonage – is service of the peon to
   another on account of an enforced
   indebtedness, usually arising from
   advances made by employee in the
   form of food, clothing, housing or
   transportation
4. Padrone system – where workers
   are employed through their leader
   known as the padroni who advances
   transportation charges and supplies
   food and clothing for them. In return
   for these services, the worker
   agrees to serve any employer with
   whom the padroni had contracted to
   sell a worker’s labor

Question 26

The Labor Code took effect on…

Answer 26

November 1,
1974 after the lapse of 6-month transition period.