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The 1987 Constitution of The Philippines and Labor and Social Legislation in The Country
The 1987 Constitution of The Philippines and Labor and Social Legislation in The Country
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Labor and Social Legislation in the Philippines is not just the exercise of police
power by the State. It is actually compliance by the Legislative Department, the
Congress of the Philippines, of categorical mandates of the Constitution dealing
with Labor.
Labor and Social Legislation would refer to those laws that are enacted to
implement the above policy.
b. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunity for all.
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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 on investments, and to expansion and
growth. (Art. XIII, Sec. 3)
a. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged. (Art. III, Sec. 8)
In connection with the above right, there is also this provision: The right
to self-organization shall not be denied to government employees. (Art. IXB,
Sec. 2[5])
1. The State should afford full protection to labor, local and overseas,
organized and unorganized.
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In connection with the above labor relations rights, the State should
promote the principle of shared responsibility between workers and employers.
Workers are to participate in policy and decision making processes affecting
their rights and benefits as may be provided by law. The State should likewise
promote the preferential use of voluntary modes in settling disputes, including
conciliation, and should enforce mutual compliance therewith to foster
industrial peace.
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The principal law is the Labor Code of the Philippines which is easily one
of the most important Presidential Decrees promulgated during the 14-year
Martial Law regime. It revised and consolidated some 70 pieces of Labor and
Social Legislation in order, according to its enabling clause, “to afford
protection to labor, promote employment and human resources development
and insure industrial peace based on social justice.”
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In addition to the Labor Code, there are these separate but related pieces
of labor and social legislation:
On Employment
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On Manpower Development
On Labor Standards
On Labor Relations
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Then, there are these social security laws in addition to the Employees
Compensation Law found in the Labor Code:
1.The States Parties to the present Covenant recognize the right to work
which includes the right of everyone to the opportunity to gain his
living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.
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In connection with the above, Philippine Labor Law provides for rights
related to the:-
1.Recruitment and placement of workers (12-39 and Rep. Act No. 8042
which deals with migrant workers and overseas Filipinos)
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II.RIGHT UNDER
LABOR STANDARDS LAWS
A. ON WAGES
(i)”Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular, women being guaranteed
conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;
(ii) A decent living for themselves and their families xxx” (Art. 7)
In connection with the above, Philippine Labor Law provides for these
rights:
6. The right to the payment of fair and reasonable wage rates when the
payment of wages is by results (101).
7. The right to a 13th month pay (Pres. Decree No. 851, as amended).
Related to the above rights that help bring about a fair and a living wage,
Philippine Labor Law provides for the protection of wages by recognizing these
rights:
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12. The right to enjoy first preference as regard unpaid wages in case of
bankruptcy or liquidation of an employer’s business (110).
15. The right of a worker against any deduction from his wage, (113),
against requirement for deposits for loss or damage, except as duly authorized
(114), against withholding of wages and kick backs (116) and against deduction
to ensure employment (117).
16. In connection with a worker who has filed any complaint against his
employer, or has testified or is about to testify in such proceedings, the right of
said worker against any retaliatory measures that an employer may make
against the worker (118).
In connection with the above, Philippine Labor Law provides for these
rights:
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The Covenant speaks of “the right to the enjoyment of just and favorable
conditions of work which ensure, in particular: Equal opportunity for everyone
to be promoted in his employment to an appropriate higher level, subject to no
consideration other than those of seniority and competence” (Art. 7).
The Covenant speaks of “the right to the enjoyment of just and favorable
conditions of work which ensure, in particular: Rest, leisure and reasonable
limitation of working hours, and periodic holidays with pay, as well as
remuneration for public holidays” (Art. 7).
In connection with the above, Philippine Labor Law provides for these
rights:
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21.Considering that the normal hours of work shall not exceed eight
hours a day, (83), the right not to be required to perform overtime work except
emergency overtime work (89), and the right to overtime pay for overtime work
(87).
25. The right to a weekly rest day (91). The right not to be required to
work on one’s weekly rest day except for emergency work (92). The right to an
additional compensation for work on one’s weekly rest day work (93).
27. The right to holiday pay for a regular holiday (i.e. the right to be paid
even if a worker does not work, and the right to be paid twice his regular rate, if
he works, on a regular holiday) as differentiated from one which is not a regular
but a special holiday (94). See also Exec. Order No. 203. On Muslim Holidays,
Pres. Decree No. 1083. See also Rep. Act No. 9177.
E. ON WOMEN
29. The right to maternity leave benefits (Social Security Law, (Sec. 14-
A)). There is also a right to a paternity leave benefit, Rep. Act No. 8187.
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Philippine Labor Law also provides for the following rights re: a woman
employee:
31. The right against discrimination with respect to terms and conditions
of employment solely on account of her sex (135 as amended by Rep. Act No.
6725).
34. The right to certain facilities and standards that the Secretary of Labor
and Employment may establish to ensure the safety and health of woman
employee (132).
36. A special right against sexual harassment (Rep. Act No. 7877). It is
not impossible for a male employee to invoke also his right against sexual
harassment.
F. ON MINORS
In connection with the above, Philippine Labor Law provides for this
right:
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(General)
39. The right to have the Labor Code and its Rules and Regulations
interpreted liberally in favor of labor (4).
40. The right of agricultural workers to enjoy all the rights and benefits
under the labor and social legislation granted to non-agricultural workers and
vice versa except as may otherwise be provided (6).
(On Househelper)
a. the right to an original contract for not more than two years (142).
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i. the right to social security (Social Security Law of 1997, Sec. 9).
43. The right to benefit from adult education programs that may be
establish or prescribed by the Department of Labor and Employment and
Department of Education, Culture and Sports (210).
But from the perspective of the Legal Rights of Workers, the 1973
Constitution has this provision:
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45. The right against termination except for a just cause or when
authorized by law (279).
46. The right to retirement benefit (287 as amended by Rep. Act No.
7641). See also Rep. Act No. 8558 on underground mine employees.
III.RIGHT UNDER
SOCIAL SECURITY LAWS
In connection with the above, Philippine Labor Law provides for the
following rights:
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49. The right to medical care (209). (National Health Insurance Act of
1995, Rep. Act No. 7875).
The Covenant speaks of “(a) The right of everyone to form trade unions
and join the trade unions of his choice, subject only to the rules of the
organization concerned, for the promotion and protection of his economic and
social interest. No restrictions may be placed on the exercise of this right other
than those prescribed by law and which are necessary in a democratic society
in the interests of national security or public order or for the protection of the
rights and freedoms of others; (b) The right of trade unions to establish national
federations or confederations and the right of the latter to form or join
international trade-union organizations; (c) The right of trade unions to
function subject to no limitations other than those prescribed by law and which
are necessary in a democratic society in the interests of national security or
public order or for the protection of the rights and freedoms of others; (d) The
right to strike, provided that it is exercised in conformity with the laws of the
particular country.”
In connection with the above, there have been different laws enacted to
implement the above rights in the Philippines, namely, Commonwealth Act No.
103. – An Act to afford protection of labor by creating a Court of Industrial
Relations empowered to fix minimum wages for laborers and maximum rentals
to be paid by tenants, and to enforce compulsory arbitration between employers
or landlords, and employees or tenants respectively; and by prescribing
penalties for the violation of the orders; Commonwealth Act No. 213 – An Act
to define and regulate legitimate labor organizations; Rep. Act No. 875 – An
Act punishing obstruction and/or interference with peaceful picketing during
any labor controversy; Rep. Act No. 3600 – An Act to prohibit the employment
of strike breakers and the transporting or escorting by peace officers and/or
armed persons of persons seeking to replace strikers in entering and/or leaving
the strike areas, and to provide penalties therefore; General Order No. 5; Pres.
Decree No. 442 – Labor Code, particularly its Book V on Labor Relations; Pres.
Decree No. 823, as amended by Pres. Decree No. 849; Batas Pambansa Blg. 70,
130 and 227.
After the People Power Revolution in 1986, Exec. Orders Nos. 111 and
180 were promulgated. The former strengthened the rights to self-organization
and collective bargaining of those in the private sector; the latter provided
guidelines on the right to organize of government employees.
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52. The right to peaceful concerted activities including the right to strike
in accordance with law (163-266).
53. The right against unfair labor practices of employers (248) and labor
organizations (249).
a. Labor Arbiter (217 also 124; also Rep. Act No. 8042, Sec. 10)
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To the above quasi-judicial and administrative bodies, Rep. Act No. 6715
added in a very significant way:
The first part of this paper comprehensively describes the present Laws
on Labor and Social security in the Philippines.
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and workers’ organizations to uphold basic human values – values that are vital
to our social and economic lives. These principles and rights are:
The above declaration now has been given authoritative elaboration in the
following ILO statements and it can also be in its most recent restatement in the
statement of the ILO Director General.
“The primary goal of the ILO today is to promote opportunities for women
and men to obtain decent and productive work, in conditions of freedom, equity,
security and human dignity.” Juan Somavia, ILO Director-General
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partnership with the principal institutions and actors of the multilateral system
and the global economy.
Concluding Remarks:
In connection with the above quoted statement issued by the ILO, the
Congress of the Philippines has been positively responding.
A think tank, the Center for Research and Special Studies (CRSS), in
compliance with a directive it received from the Congressional Oversight
Committee on Labor and Employment has submitted an Omnibus Amendment
of the Labor Code which is now in the agenda of the 15th Congress.
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