Labor Law Notes for Quiz

September 7, 2017 | Author: Mageryl Deguzman | Category: Labour Law, Trade Union, Employment, Collective Bargaining, Property
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(Based lang to sa Court Outline, Kulang-kulang pa to. Ayusin ko na lang for midterms. Yung cases picture-an ko nlang.hehe.. or pumasok tayo ng maaaga at magdiscuss) Labor Law Labor legislation – statutes, regulations and jurisprudence governing the relations between capital and labor, by providing certain standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. Art. 3. Labor Code Declaration of basic policy. The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. ARTICLE XIII Section 3. Constitution. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. Social Justice-Constitution Article II Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 10. The State shall promote social justice in all phases of national development. Article XIII

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.cralaw Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and selfreliance Calalang vs. Williams Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex. Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about "the greatest good to the greatest number." Right to Due Process and Right to Labor as a Property Article III, Sec. 1, Constitution No person shall be deprived of life, liberty or property without due process of the law, nor shall any person be denied the equal protection of the laws. Gender Equality and Protection of Women Art. II Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Art XIII Section 14 The State shall protect working women by providing safe and healthful working conditions, taking

into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Right of Government Employees to Organize Art III, Sec. 8 The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Art IX-B, Sec. 2 (5) The right to self-organization shall not be denied to government employees.

Management Prerogative - management is free to regulate, according to its own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, layoff of workers and discipline, dismissal, and recall of workers

Art. 1705. The laborer's wages shall be paid in legal currency. Art. 1706. Withholding of the wages, except for a debt due, shall not be made by the employer. Art. 1707. The laborer's wages shall be a lien on the goods manufactured or the work done. Art. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance. Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer. Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws. Art. 1711. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. The employer is also liable for compensation if the employee contracts any illness or disease caused by such employment or as the result of the nature of the employment. If the mishap was due to the employee's own notorious negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation. When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably reduced. Art. 1712. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. If a fellow worker's intentional malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker.

SECTION 2.Civil Code - Contract of Labor (n) Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid. Art. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof.

Labor Law- Legal Bases 1. Police power of the State- Magan vs. Medicard 2. Constitution Art. II, Sec. 9 Art. III, Sec. 18(2) Art. XIII, Sec. 11 3. International Conventions: 1987 Constitution - Art. II, Sec. 2 Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights International Convention on Civil and Political Rights ILO Declaration on Fundamental Principles and Rights at Work Ratified ILO Conventions are considered Philippines Labor Laws pertaining to 4 KEY ISSUES:  Freedom of association  Abolition of forced labor  Abolition of child labor and

Protection to rights of employers Art II, Sec. 20 The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Art. XII, Sec. 3, Par 4 The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

Non-discrimination in work or employment conditions.

Sources of Labor Law -Labor Code and its IRR - Decisions of the Court and Quasi judicial bodies -Contracts Art. 1. Name of the Decree—LABOR CODE OF THE PHILIPPINES Art. 2. Date of Effectivity—Six (6) months after its promulgation The Labor Code was promulgated as PD 442 on May 1, 1974 and took effect on November 1, 1974, EXCEPT portions of Book IV whose effectivity was deferred to January 1, 1975 by PD 608. Note: Book IV is undergoing revisions as of this time. Art. 4. Construction in favor of labor—All doubts in the implementation and interpretation of the Labor Code including its IRR, shall be resolved IN FAVOR OF LABOR. BUT every labor dispute will NOT be automatically resolved in favor of labor. WHEN TO APPLY  Only when there is doubt WHEN NOT TO APPLY  When the contract is clear  When the law is clear  When there is no law to interpret These laws should be interpreted with a view that they remedial in nature; they are enacted to better the lot and promote the welfare of the members of the laboring class. Art. 5. Rules and Regulations – The power of the DOLE is rule-making not law making. Therefore, it cannot make, amend, repeal, or legislate beyond the scope of the Labor Code, or contravene its provisions Rules and regulations cannot contradict or modify the law they intend to implement; otherwise they may be declared void. The subordinate character of administrative regulations accords with the maxim that the spring cannot rise higher than its source. Art. 6. Applicability – The Labor Code applies primarily to the private sector and to GOCCs organized under the General Corporation Code. ARTICLE 276. Government employees. – The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the

Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code. Enforcement and Sanctions LC - Art. 128. Visitorial and enforcement power LC - Art. 217. Jurisdiction of the Labor Arbiters and the Commission LC - Art. 129. Recovery of wages, simple money claims and other benefits LC - Art. 288. Penalties LC - Art. 289. Who are liable when committed by other than natural person LC - Art. 290. Offenses LC - Art. 291. Money claims LC - Art. 292. Institution of money claims Constitution, Art. III, Sec. 11 Constitution, Art. III, Sec. 16 Company Practice Company Policies

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