DEFINITIONS!

Labor Law

Labor Legislation consists of statutes, regulations and jurisprudence governing the

relations between capital and labor, by providing for certain employment standards and a
legal framework for negotiating, adjusting administering those standards and other
incidents of employment.

Labor Standards are the minimum requirements prescribed by existing laws, rules and
regulations relating to wages, hours of work, cost of living allowance and other monetary
and welfare benefits, including occupational, safety, and health standards.(material or
substance)

Labor Relations is that which defines the status, rights and duties, and the institutional
mechanisms that govern the individual and collective interactions of employers, employees
or their representatives.(mechanism that processes the substance)

Labor is understood as physical toil. It does not necessarily exclude “skill” so there is a
skilled and unskilled labor.

Skill is the familiar knowledge of any art or science, united with readiness and dexterity in
execution or performance or in gthe application of art or science to practical purposes.

Work is broader than “labor” as it covers all forms of physical or mental execution
exertion, or both combined, for the attainment of some object other than recreation or
amusement per se.

Employee is a salaried person working for another who controls or supervises the means,
manner or method of doing the work.

Social Legislation are those laws that provide particular kinds of protection or benefits to
society or segments thereof in furtherance of social justice. Labor laws are necessarily
social legislation. Labor laws directly affect employment while social legislation governs
effects of employment.

“Labor laws are social legislation but not all social legislation are labor laws…”

Social Justice is 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. It means the promotion of the welfare of all the people, the adoption
by the government measures calculated to ensure economic stability of all the component
elements of the society through the maintenance of proper economic and social
equilibrium in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable or extra-constitutionally, through the
exercise of powers underlying the existence of all governments, on the time-honored
principle of salus populi est suprema lex.

Basic Rights of Worker afforded by the Constitution.

1. Right to form union, associations or societies.

2. Right to self-organization.
3. Right to conduct Collective Bargaining or Negotiation.
4. Right to engage in Peaceful Concerted Activities including strike.
5. Security of Tenure.
6. Work under humane conditions.
7. Receive a living wage.
8. Participate in the policy and decision-making process affecting their rights and
benefits.

Police Power is the state authority to enact legislation that may interfere with personal
liberty or property in order to promote general welfare.

Valid Classification:

1. Such classifications rest on substantial distinctions

2. Germane to the purpose of the law
3. Not confined to existing conditions
4. Apply equally to all members of the same class

Management Prerogatives

1. ROI
2. Right to Prescribe rules
3. Right to Select Employees
4. Right to Transfer or Discharge Employees