LABOR LAW REVIEW

QUIZ COVERAGE JUNE 17, 2017

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 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.

Article XIII, Section 14, Constitution

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.

Article II, Section 18, Constitution

The State affirms labor as a primary social economic force. It shall protect the rights of workers
and promote their welfare.

Article II, Section 20, Constitution

The State recognizes the indispensable role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
 Art. 1700, NCC

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, NCC

Neither capital nor labor shall act oppressively against the other, or impair the interest or
convenience of the public.

Art. 1702, NCC

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. 4, Labor Code

Construction in favor of labor. All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and regulations, shall be resolved in
favor of labor.

Art. 13, Labor Code

Definitions.
1. "Worker" means any member of the labor force, whether employed or unemployed.

2. "Recruitment and placement" 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.

3. "Private fee-charging employment agency" means any person or entity engaged in

recruitment and placement of workers for a fee which is charged, directly or indirectly,
from the workers or employers or both.

4. "License" means a document issued by the Department of Labor authorizing a person or

entity to operate a private employment agency.

5. "Private recruitment entity" 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.

6. "Authority" 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.

7. "Seaman" means any person employed in a vessel engaged in maritime navigation.

8. "Overseas employment" means employment of a worker outside the Philippines.

9. "Emigrant" 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.

Sec. 2, Rule 1, Part V, POEA Rules and Regulations Governing the Recruitment and
Employment of Land-based Overseas Workers

Minimum Provisions of Employment Contract. Consistent with its welfare and employment
facilitation objectives, the following shall be considered the minimum requirements for contracts
of employment of landbased workers:
a. Guaranteed wages for regular work hours and overtime pay, as appropriate, which shall
not be lower than the prescribed minimum wage in the host country, not lower than the
appropriate minimum wage standard set forth in a bilateral agreement or international
convention duly ratified by the host country and the Philippines or not lower than the
minimum wage in the Philippines, whichever is highest;
b. Free transportation to and from the worksite, or offsetting benefit;
c. Free food and accommodation, or offsetting benefit;
d. Just/authorized causes for termination of the contract or of the services of the workers
taking into consideration the customs, traditions, norms, mores, practices, company
policies and the labor laws and social legislations of the host country;
e. The Administration may also consider the following as basis for other provisions of the
contract:
1. Existing labor and social laws of the host country;
2. Relevant agreements, conventions, delegations or resolutions;
3. Relevant bilateral and multilateral agreements or arrangements with the host
country; and
4. Prevailing condition/realities in the market.