This is but a glance at the most important and the latest labor law principles.

This
reviewer is a product of the great mind of Atty. Marlon Manuel and may act as your pre-week
reviewer..
LABOR LAW PRINCIPLES
GENERAL PRINCIPLES

What is/are the Constitutional basis/es for the protection of labor?

Article I, Sec. 18: The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
Article XIII, Sec. 3: The State shall afford protection to Labor, local and
overseas, organized and unorganized, and promote full employment and
equality of employment opportunities.

What shall the State guarantee to laborers under the Constitution?

Self-organization
Collective bargaining and negotiations
Peaceful concerted activities including the right to strike
Security of tenure
Humane Conditions of work
Living Wage
Participation in policy and decision-making processes

What shall it promote?

Principle of shared responsibility between workers and employers
Preferential use of voluntary modes in settling disputes
Enforce mutual compliance

What shall it regulate?

Relations between labor and capital (recognizing the right of labor to its just
share in the fruits of production and the right of enterprises on reasonable returns)

What is the nature of labor relations?

They are not merely contractual. They are so impressed with public interest that
they must yield to the common good. (Art. 1700, Civil Code)

What is the basis for resolving doubts in favor of labor?

Art. 1702 of the Civil Code and Art. 6 of the Labor Code. Moreover, doubts
arising from conflicting evidence must be resolved in favor of labor (Prangan v.
NLRC, 289 S 142)

Management Prerogatives
A line must be drawn between policies which are purely business-oriented and
policies which affect workers rights. Workers have the right to participate in
matters affecting their rights (Phil. Airlines v. NLRC).

PRE-EMPLOYMENT

Protection is not just promotion of full employment.

decent, just and humane (PASE v. Drilon).

Migrant Worker a person who is to be engaged, is engaged, or has been

engaged in a remunerated activity in a state of which he is not a legal resident

Employment must be