Lesson 1.4 Flashcards
In Art.2. Date of effectivity The Labor Code took effects on?
November 1, 1974
SEVEN (7) BASIC RIGHTS OF WORKERS AS
GUARANTEED BY THE CONSTITUTION
(OCESHLP)
- Right to Organize
- Right to Conduct Collective Bargaining or
Negotiation with Management - Right to Engage in Peaceful Concerted
Activities including strike in accordance with
law - Right to Enjoy Security of Tenure
- Right to Work Under Humane Conditions
- Right to Receive a Living Wage
- Right to Participate in Policy & Decision-Making Processes affecting their rights and
benefits as may be provided by law
The states shall afford protection labor, promote full employment, ensure equal work opportunities regardless of sex, age or creed, and regulate the relations between workers and employers. The states shall assure the right of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
ART 3. Declaration of Basic Policy
Labor legislation is divided into two
Labor standards
Labor relations law
-any member of the labor force, whether employed or unemployed
Worker
Consists of statutes, regulations,
and jurisprudence governing the
relations between capital and
labor, by providing for certain
standards of terms and conditions
of employment or providing a
legal framework within which
these terms and conditions and
the employment relationship may
be negotiated, adjusted, and
administered.
(Art 1. Name of Decree) Labor legislation
one who works for an employer; a person
working for salary or wages.
- A natural person who is hired, directly or indirectly, by a natural or juridical person to perform activities related to the business of the “hirer” who, directly or through an agent, supervises or controls the work performance and pays the salary or wage of the hire.
Employee
- any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not; PROVIDED, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement.
Recruitment and Placement
one who employs the services of others; one
for whom employees work and who pays their wages or salaries.
Employer
- whether the employer controls or has reserved the right to control the
employee not only as to the result of the work to be done but also as to the
means and methods by which the same is to be accomplished. This last element is the most important index of the existence of the relationship.
Control test
☛What are the ELEMENTS OF EMPLOYER EMPLOYEE RELATIONSHIP:
- selection and engagement of the employee
- the payment of wages
- the power of dismissal
- the employer’s power to control the employee (with respect to the means and
methods by which the work is to be accomplished)
☛ Employees Exempt from the Benefits of E-E Relationship
- Government Employees
- Managerial Employees
- Field Personnel
- Family Members dependent on the employer for support
- Domestic Helpers
- Persons on the Personal Service of another
- Workers Paid by Result
- Refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof and to other members of the managerial staff
Managerial employees
- Refers only to employees of government agencies, instrumentalities or political subdivisions and of government corporations that are not incorporated under the Corporation Code, meaning those which
have original charters.
Government employees
