LABOR CODE OF THE PHILIPPINES
TRIVIA ABOUT THE LABOR CODE
 It’s a martial law era Presidential
Decree, but it’s authored by a
non-lawyer.
 It’s all about Employment, but it’s
mainly about traditional or
industrial work arrangements
 It’s the principal source of Labor
Law, but it’s not the only source.
FACTS ABOUT EMPLOYMENT
 Ignorance of Labor Law isn’t an
excuse.
 Employment is a Contract; but it’s
a contract so impressed with
public interest that it must yield to
the common good.
 Ownership of the enterprise
makes the employment relations
lopsided in favor of employers.
FUNDAMENTALS OF LABOR LAW
 It’s ultimate purpose is to place
employees at an equal footing
with their employers
 It’s all about minimum standards
and basic requirements.
 In case of doubt, it’s to be
interpreted in favor of employees
(Article 4, Labor Code).
BASIC RIGHTS OF EMPLOYEES
 Freedom from Slavery
(Constitution)
 Enhanced bySecurity of
Tenure
 Enhanced by Due Process
 Self-Organization (Constitution &
Labor Code)
 Labor Standards (Labor Code &
other statutes)
 Non-discrimination and
equal opportunity
 Terms and conditions of
employment
BASIC RIGHTS OF EMPLOYERS
 Ownership (Constitution and
Civil Code)
 ROI, expansion and growth
(fruits)
 Use and abuse; and sell and
dispose
 Contracts (Constitution and Civil
Code)
 Control (or Management
Prerogative)
SOURCES OF LABOR LAW
 The State (i.e. Labor Code and
other statutes, rules &
regulations, jurisprudence, etc.)
 The Parties (i.e. contracts,
company policies, CBAs,
compromise, quitclaims, etc.)
 Principles of Equity (e.g. good
faith, reasonableness,
proportionality, nondiminution of
benefits, unjust enrichment, etc.)