ust PEPE Gea as Tiassa fclais=ise, enue) @: What is labor? A: It is the exertion by human beings of physical or mental efforts, or both, towards the production of goods and services® (Mertioza, 2001) Q: What is labor law? A: The law governing the rights and duties of the employer and employees with respect to: 1. The terms and conditions of employment and 2, Labor disputes arising from collective bargaining (CB) respecting such terms and conditions. Q: What is the purpose of labor legislation? A: Labor legislation is an exercise of police power. The purpose of labor legislation is to regulate the relations between employers (Ers) and employees (Ees) respecting the terms and conditions of employment, either by providing for certain standards or for 2 legal framework within which better terms and conditions of work could be negotiated through CB. It is intended to correct the injustices inherent in Er-Ee relationship. (2006 Bar Question) Q: What are the classifications of labor law? A: 1. Labor standards - The minimum terms and conditions of employment prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance and other monetary and welfare benefits (Batong Buhay Gold Mines, Inc. v. Dela Sema, G.R. No. 86963, August 6,1999) e.g. 13” month pay 2. Labor relations - Defines and regulates the status, rights and duties, and the _ institutional mechanisms, that govern the individual and collective interactions of Ers, Ees, or their representatives. It is concerned with the stabilization of relations of Er an4 Ges and seek to between them by the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation and arbitration. (Azucena, 2007) e.g. Additional allowance pursuant to CBA 3. Social legislation — It includes laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance’ of social justice. (Azucena, 2007) e.g. GSIS Law, SSS Law, Philhealth benefits Q: Is there any distinction between labor legislation and social legislation? Explain. A: Labor legislation is _ sometimes distinguished from social legislation by the former referring to labor statutes, like Labor Relations Law and Labor Standards, and the latter to Social Security Laws. Labor legislation focuses on the rights of the worker in the workplace. Social legislation is a broad term and may include not only laws that give social security protection, but also those that help the worker secure housing and basic necessities. The Comprehensive Agrarian Reform Law could also be considered a social legislation. All labor laws are social legistation, but not all social legislation is labor law. (1994 Bar Question) Loa NTR aee ers Q: What is the State policy on labor? A 1. Afford full protection to labor 2. Promote full employment 3. Ensure equal work opportunities regardless of sex, race, or creed 4. Assure the rights of workers to self organization, security of tenure, just and humane conditions of work, participate in policy and decision- making processes affecting their right and benefits 5. Regulate the relations between workers and employers Touas evltad de Derecho CivilLABOR STANDARDS: GENERAL PROVISIONS Q: What is the principle of non- oppression? A: The principle mandates capital and labor not to act oppressively against each other or impair the interest and convenience of the public. The protection to labor clause in the Constitution is not designed to oppress or destroy capital. (Capili v. NLRC, G.R. No. 117378, Mar. 26, 1997) Q: What is the aim of labor laws? A: The justification of labor laws is social justice. Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic force 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 extra-tonstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.(Calalang v. Willams, G.R. No. 47800, Dec. 2, 1940) Q: What is “compassionate justice”? A: It is disregarding rigid rules and giving due weight to all equities of the case. e.g: Employee validly dismissed may stil be given severance pay. Q: What are the sources of labor laws? A 4. Labor Code and other related sfecial legislation 2. Contract 3. Collective Bargaining Agreement 4, Past practices 5. Company policies Q: What are the constitutional mandates with regard labor laws? A 4... Sec. 3, Art. Xill - 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 _self-organization, 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. Sec. 9, Art. Il - The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all Sec. 18, Art.’ Il ~ The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Sec. 8 Art. ill — 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. Sec. 18 (2), Art. Ill — No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Sec. 12, Art. Xil ~ The State shall establish and maintain an effective food and drug regulatory system andUST GOLDEN NOTES 2010 undertake appropriate health, manpower — development, and research, responsive to the country’s health needs and problems, Sec, 14, Art. Xill — 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 qnhance their welfare and enable them to Tealize their full potential in the service of the nation, Q: What are other related laws to labor? 1. Civil Code a. 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. b. Art. 1701 — Neither capital nor labor shall act _oppressively against the other, or impair the interest or convenience of the public. c. 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 taborer. d. Art. 1703 — No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid. Revised Penal Code Art. 289 — Formation, maintenance and prohibition of combination of capital or labor through violence or threats. - Any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of the RPC. Special Laws . GSIS Law 13” Month Pay Law Retirement Pay Law SSS Law Paternity Leave Act Anti — Child Labor Act Anti — Sexual Harassment Act Magna Carta for Public Health Workers Solo Parents Welfare Act of 2000 National Health Insurance Act as amended by R.A. 9241 k. Migrant Workers and Overseas Filipinos Act of 1995 as amended by RA 10022 1. PERA Act of 2008 m. Home Development Mutual Fund Law of 2009 The Magna Carta of Women Comprehensive Agrarian Reform Law as amended by R.A. 9700 FomeaogD ee Q: What are the basic rights of workers guaranteed by the Constitution? A _ OAreEns Security of tenure Recelve a living wage Humane working conditions ‘Share in the fruits of production Organize themselves Conduct collective bargaining or negotiation with management Engage in peaceful concerted activities including strike Participate in policy and decision making processes Q: Who is an employer (Er)? A One who employs the services of others One for whom employees work and who pays their wages and salaries Q: Who is an employee (Ee)? A ‘A person working for salary or wages Any person in the service of another under a contract for hire, express or implied, oral or written UNIVERSITY OF SANTO TOMAS Facultad de Derecho Civil wy 3