CHAPTER 1: GENERAL PROVISIONS (LABOR CODE)
These are the STEPS that need to be FOLLOWED, such as how to file a case if there's a violation.
Example: Steps on how to file a complaint with the DOLE.
Procedural Law
These are the CONCEPTUAL REGULARIONS or laws that define the rights and responsibilities of employers and employees.
Example: A law stating that employees have the right to fair wages.
Substantive Law
The goal of these laws is to EQUAL TREATMENT for everyone in the workplace.
Example: A law that protects employees from unfair dismissal.
Social Justice
Is a role of conduct, just, obligatory promulgated by legitimate authority, and of common observance and benefit
Law
SECTION 6: Workers have the RIGHT to REFUSE WORK WITHOUT fear of THREAT or REPRISAL FORM their employer.This right applies if the Department of Labor and Employment (DOLE) determines that an imminent danger exists in the workplace that could lead to illness, injury, or death.
REPUBLIC ACT 11058 - OCCUPATIONAL HEALTH AND SAFETY STANDARDS
• It includes ALL RULES governing the conditions under which individuals work under the control of employers.
• It includes substantive and procedural laws that define the rights and responsibilities of employers, employees, and other industrial participants.
• The law also outlines the role of the government in employment and related activities to promote social justice.
Labor Law
in ordinary signification, is understood as PHYSICAL TOIL although it does not necessarily exclude the application of skill, thus there is skilled and unskilled labor
Labor
by dictionary definition, is the familiar KNOWLEDGE of any
ART or SCIENCE, united with readiness and dexterity in execution or performance
or in the application of the art or science to PRACTICAL PURPOSES.
Skill
is broader than “labor”. it covers all forms of PHYSICAL or
MENTAL EXERTION, or both combined, for the attainment of some object other
than recreation or amusement per se.
Work
is BROADER than “EMPLOYEE,”. It may
refer to SELF-EMPLOYED people and those working in the service and under the
control of another, REGARDLESS of rank, title, or nature of work. A messenger, as
well as a manager, is a worker. In fact, under ARTICLE 13 OF THE LABOR CODE, any
member of the labor force, whether EMPLOYED or UNEMPLOYED, is a “________.”
Worker
is a SALARIED PERSON working for another who controls or
supervises the means, manner or method of doing the work.
Employee
Section 1: Congress prioritizes measures that PROTECT human DIGNITY, reduce social, economic, and political inequalities, and address cultural inequities by distributing wealth and political power for the common good. The state will regulate property acquisition, ownership, use, and disposition.
Section 2 The promotion of SOCIAL JUSTICE includes a commitment to create economic opportunities based on freedom of initiative and self-reliance.
Section 14 The state PROTECTS WORKING WOMEN by ensuring safe and healthful working conditions, considering their maternal functions, and providing facilities and opportunities to enhance their welfare and enable them to reach their full potential in service to the nation.
ARTICLE XVIII, 1987 PHILIPPINE CONSTITUTION
What section in this statement in Article XIII (1987 Philippine Constitution)?
Congress prioritizes protecting human dignity, reducing inequalities, and addressing cultural inequities by distributing wealth and political power for the common good. The state will regulate property acquisition, ownership, use, and disposition.
Example: Land reform programs to distribute land to farmers.
Section 1
In Article XIII (1987 Philippine Constitution) What section is this statement?
Promoting social justice includes creating economic opportunities based on freedom of initiative and self-reliance.
Example: Support for small businesses through microfinance programs.
Section 2
In Article XIII (1987 Philippine Constitution), what section is this statement?
The state protects working women by ensuring safe and healthful working conditions, considering their maternal functions, and providing facilities and opportunities to enhance their welfare and potential.
Example: Maternity leave benefits and workplace child care facilities.
Section 14
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
The state promotes a JUST and DYNAMIC SOCIAL order to ensure prosperity and independence, aiming to alleviate poverty and improve quality of life.
Example: Passing laws that promote livelihood programs for the poor.
Section 9
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
The state is committed to PROMOTING SOCIAL JUSTICE in ALL PHASES of national development.
Example: Providing subsidies to farmers to improve agriculture.
Section 10
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
Emphasizes the dignity of every human person and full respect for human rights.
Example: Laws against torture and other forms of abuse
Section 11
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
Acknowledges the role of youth in nation-building and promotes their well-being and civic involvement.
Example: Implementing youth leadership programs.
Section 13
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
Recognizes the fundamental EQUALITY of WOMEN and MEN before the law.
Example: Laws that protect women's rights in the workplace.
Section 14
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
Affirms labor as a primary social and economic force, protecting workers' rights and welfare.
Example: Laws that provide minimum wage and benefits to employees
Section 18
In article ll,1987 PHILIPPINE CONSTITUTION, what section is this statement?
Recognizes the role of the PRIVATE SECTOR, encouraging private enterprise and providing INVESTMENT incentives.Example: Tax incentives for businesses investing in the Philippines.
Section 20
means any MEMBER of the LABOR FORCE, whether
EMPLOYED or UNEMPLOYED.
Worker
refers to 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
means a DOCUMENT issued by the Department of Labor
AUTHORIZING a person or entity to OPERATE a PRIVATE EMPLOYMENT AGENCY.
License
means any person or association ENGAGED in the RECRUITMENT and PLACEMENT of WORKERS, LOCALLY or OVERSEAS, without charging, directly or indirectly, any fee from the workers or employers.
Private recruitment entity
means a document issued by the Department of Labor
AUTHORIZING a person or association to ENGAGE in RECRUITMENT and PLACEMENT
ACTIVITIES as a PRIVATE RECRUITMENT ENTITY.
Authority
means EMPLOYMENT of a WORKER OUTSIDE the Philippines
Overseas employment
means any person, worker or otherwise, who
EMIGRATES to a FOREIGN COUNTRY by virtue of an IMMIGRANT VISA or RESIDENT
PERMIT or its equivalent in the country of destination.
Emigrant
This principle mandates that CAPITAL and LABOR should NOT act OPPRESSIVELY against each other or impair the interests and convenience of the public. The protection afforded to labor in the Constitution is not meant to oppress or destroy capital.
Principle of Non-Oppression
Refers to the INVOLUNTARY IDLENESS of an employee who is able and WILLING to WORK but STRUGGLES to FIND EMPLOYMENT.
Example: A qualified job seeker who can't find any available positions.
Unemployment
Ensures that those who want to work at PREVAILING RATES of PAY are able to do so without undue difficulty.
Example: Someone should be able to find a job paying the standard rate for their position
Employment Clause
EXCEPT as LIMITED by SPECIAL LAWS, an EMPLOYER has the DISCRETION to REGULATE ALL ASPECTS of employment according to their OWN JUDGMENT.
Management Prerogative
Employees Rights:
Personnel should NOT be FORCED to RESIGN or dismissed WITHOUT just cause and due process.
Security of Tenure
Employees can FORM or join UNIONS and other organizations.
Example: Workers can create a union to represent their interests at work.
Self-Organization
Employees are entitled to a fair SHARE of the PROFITS generated from their work.
Example: Employees receive fair wages and bonuses based on company performance.
Just Share in the Fruits of Production
Employees have the right to negotiate contracts with their employers to determine terms of employment, including benefits, hours, leave and wages
Collective Bargaining
Employers must have a SAFE WORKPLACE and FAIR TREATMENT/ conditions
Just and Humane Working Conditions
Who has the authority to access employer records and premises at any time?
Secretary of Labor and Employment or Authorized Representative
Which Article under labor laws gives the Secretary of Labor and Employment or authorized representatives the authority to access employer records and premises, issue compliance orders, and stop work if there is a grave danger to worker safety?
Article 128: Visitorial and Enforcement Power
Defined as neither communism nor despotism, but rather the humanization of laws and the equalization of social and economic forces by the state.
Social Justice
What are the three divisions of labor?
Labor Standards Law, Labor relations Law, and Social Welfare Legislation
Which division of labor law prescribes minimum requirements regarding terms and conditions of employment, including wages, hours of work, cost of living allowances, and occupational health and safety?
Example: Imagine a factory where workers are guaranteed a minimum wage and safe working conditions. If the factory doesn’t pay the minimum wage or doesn’t provide safety equipment, that’s a violation of this Law
Labor Standards Law
Which division of labor law defines the status, rights, and duties of employers and employees, and governs mechanisms such as collective bargaining and the settlement of labor disputes and protects the rights of labor with respect to unionism?
Example: Workers forming a union must be treated fairly by the company.
Labor Relations Law
What term refers to laws, rules, and regulations aimed at promoting the welfare of all sectors of society and governs the employer-employee relationship, especially in cases where employees are unable to work due to employment-related hazards such as retirement?
Example: If an employee gets injured at work and needs medical care, this law ensures they get the help they need, like covering medical expenses or providing disability benefits.
Social Welfare Legislation
What type of legislation directly addresses actual employment and daily needs of workers?
Labor Law
Which type of legislation aims to gain profit or income and affects the work of employees?
Labor Law
All labors are social legislation
True
Which legislation focuses on providing long-term benefits and addresses the effects of employment, such as injuries and death?
Social Legislation
What type of legislation typically involves benefits paid by government agencies?
Social Legislation
Which legislation is characterized by being non-profit and addresses the long-term impact of employment?
Social Legislation
Not all docial legislation are labor law
True
Which concept focuses on the standards governing the relationship between employers and employees?
Employer-Employee Relationship
What ensures that every employee has the right not to be dismissed without just or authorized cause?
Constitutional Mandate of Labor Law
Which concept requires that dismissals must occur in the absence of due process?
Security of Tenure (Article 279, Labor Code)