Constitutional & Statutory rights of workers, in general

Article XII, sec 3

Self-organization,
Collective bargaining and negotiations,
Peaceful concerted activities, including the right to strike in accordance with law.
Security of tenure
Humane conditions of work
Living wage
Participate in policy and decision-making processes affecting their rights and benefits as may be
provided by law

Specific rights of workers in relation to labour standards

Article 83 - Normal hours of work;

Article 84 - Hours worked;
Article 85 - Meal periods;
Article 86 - Night shift differential;
Article 87 - Overtime work;
Article 88 - Undertime not offset by overtime;
Article 89 - Emergency overtime work;
Article 90 - Computation of additional compensation;
Article 91 - Right to weekly rest period;
Article 92 - When employer may require work on a rest day;
Article 93 - Compensation for rest day, Sunday or holiday work;
Article 94 - Right to holiday pay;
Article 95 - Right to service incentive leave; and
Article 96 - Service charges

Concept of Employer

Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade,
business, industry, undertaking, or activity of any kind and uses the services of another person who is
under his orders as regards the employment, except the Government and any of its political
subdivisions, branches or instrumentalities, including corporations owned or controlled by the
Government: Provided, That a self-employed professional shall be both employee and employer at the
same time.

One who employs the services of others; one for whom employees work and who pays their wages or
salaries

Concept of Employee

Any person who performs services for an employer in which either or both mental and physical efforts
are used and who receives compensation for such services, where there is an employer-employee
relationship: Provided, That a self-employed professional shall be both employee and employer at the
same time

One who is engaged in the services of another and is subject to the control of the employer not only as
to the result, but also as to the means and method of doing it

Natural Person

A being whose existence is brought about by human procreation

Juridical Person

An abstract creature that is created and recognised by law as having possessed of certain rights and
obligations

4-fold test

(a) the selection and engagement of the employee;

(b) the payment of wages;
(c) the power of dismissal; and
(d) the employer's power to control the employee with respect to the means and methods by
which the work is to be accomplished

2-tiered test

the putative employers power to control the employee with respect to the means and methods by
which the work is to be accomplished; and
the underlying economic realities of the activity or relationship

Chief characteristics of employee

Economic dependence
Subordination to the employer

Right to hire

Labor laws do not, generally, authorize interference with the employer’s judgment in the conduct of its
business. Thus, the determination of the qualifications and fitness of workers for hiring are exclusive
prerogatives of management. he employer is free to determine, using his own discretion and business
judgment, all elements of employment, "from hiring to firing," except in cases of unlawful
discrimination, or those which may be provided for by law

An employer has the right to select employees and to decide when to engage them. He has the
right, under the law, to full freedom in employing any person free to accept employment from
him, and this, except as restricted by valid statute and valid contract, at a wage and under
conditions agreeable to them.
State cannot interfere with the liberty to contract with respect to labor, except in the exercise
of police power. The right of a laborer to sell his labor to such person as he may choose is, in
its essence, the same as the right of an employer to purchase labor from any person whom it
chooses.