SELF-LEARNING MODULE

CAREER DEVELOPMENT & WORK VALUES

Quarter 3 | Module 01 | AY 2021-2022
TEACHER: MARIA MERLLAN E. MIER, LPT

I. OBJECTIVE
 Discuss proper working values, the common problem on labor and some important rights and duties
of the employers and employees.
 Determine laws in labor jurisdiction.

II. SUBJECT MATTER

 Workers’ Values

III. LEARNING RESOURCES

 Peñaflor, Karyl O. (2017).Values Education. Ist ed. Rex Book Store. Manila

IV. LEARNING ACTIVITIES

LESSON 1

Workers’ Values

In your junior high school, you learned that research is essential knowing that it is used in your daily life. It will
enable you for inquiry and research in finding solutions to problems especially in real life situations. Sharing your
experiences and knowledge on the importance of research develops your skills to think critically and relate it in every
decision you do.

Workers as Producers

In the Philippines, the workers who constitute the labor force are the ones who create and or produce economic
goods and services which represent the wealth of the nation. The same is measured in terms of “Gross Domestic Product
(GDP)”. It is the money vale of all the economic goods and services produced in a given calendar year, from January 01
to December 31 of the year. Yet, the workers remain poor while the capitalists who financed for the said production of the
economic goods and services become richer.

Concentration of Wealth

The concentration of wealth among the few citizens, particularly, the affluent sector of the Filipino society and in
most cases the capitalists who financed and owned the means of production of said economic goods and services
attribute to this anomalous system which in effect constitute an exploitation of the Filipino workers.

This is aggravated by the fact that the Philippine government officials appear to be indifferent to the workers in the
sense that they are more sympathetic to the capitals or maybe because due to the fact that they are the capitalist
themselves.

Ethical Aspect

To bail out the workers from their exploitative situation, it is therefore

necessary that the workers themselves shall initiate the needed reforms in
terms of virtues or values which they must acquire through their own efforts
such as discipline, honesty, perseverance, timelines, self-reliance,
helpfulness and most of all concern for one another. Moreover, the
capitalists and the government must also have their combined efforts to help
the workers attain their goals of providing their families a decent life with a
“living wage” and a humane working condition. This can be possible only
should the capitalists and the concerned public officers be responsible
enough to share their income with the workers and for the strict enforcement
of the Labor Code and pertinent laws.
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Legal Aspect

The values both the workers and the employers

should acquire shall be the duties and responsibilities as
provided for under the Labor Laws and pertinent legislation as
they shall be complied with by all concerned.

The reason is that strict compliance with said laws

shall elevate the economic conditions of the workers and their
families. Hence, the same must be internalized as a matter of
values for those who are called to enforce the same including
the workers and their families as the beneficiaries’ thereof.

Labor Jurisdiction

Labor jurisprudence refers to such decisions of the Supreme Court or the Court of Appeals as the case may be
applying and or interpreting the labor laws in a proper case.

Labor jurisprudence is an integral parts of the labor laws because the decisions of the courts applying or
interpreting the laws or the constitution shall form a part of the legal system of the Philippines.

Implementing Rules and Regulations

The Implementing Rules and Regulations promulgate by the Department

of Labor likewise form parts of the Labor Laws in the sense that they must
also be complied with for the availment of the rights and privileges
provided for under the Labor laws.

The same is in consonance with the regulatory powers of the Secretary

of the Department of Labor and Employment (DOLE) under the principles
of delegated legislation.

The limitation, however is that the Implementing Rules and Regulations

(IRR) shall not be violative of the law it seeks to implement. Otherwise, said IRR is void for being contrary to law.

Impressed with Public Interest

Labor or employment contract is not an ordinary contract where parties can stipulate anything provided the same
is not contrary to law, morals, good customs, public order, or public policy (Art. 1306, RA 386).

Labor or employment contract is impressed with public interest that they must yield to common good or the so
called “general welfare”.

The reason is that the workers who are poor constituted the majority of the Filipino society.

Hence, the genuine progress and development of the country can be achieved in the terms of alleviating the plight
of the workers thru the application of the social justice principle whereby the workers are more favored compared to the
capital.

Police Power of the State

The exercise by the state of its police power is the underlying principles of the Labor Code.

The same is in consonance with the power of the government to enact laws within the constitutional limit, to
promote order, safety, health, morals, and general welfare of society.

Social Justice

Social Justice is neither communism, nor despotism nor atomism

nor anarchy, but 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. Social
justice means the promotion of the welfare of all the people, the adoption
by the government of 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 exercise of
powers underlying the existence of all government, on the time honored
principle of “Salus Populi est Suprema lex” (Calalang vs. Williams 70 Phil.
726).

Simply stated, “Social Justice means giving more in law those who have less in life”.
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 Labor Laws shall be implemented with the constitutional mandate of social justice principle since between capital
and labor; the latter is less fortunate aside from being an active partner for progress and development of the country.

Constitutional Protection to Labor is not Designed to Destroy Capital

The constitution, however while committed to the policy of social justice and the protection of the working class,
should not be supposed that every labor dispute will be automatically decided in favor of labor. Management also has its
rights which are entitled to respect and enforcement in the interest of simply fair play. Thus, where management right to
transfer employees is validly exercised, as in this case, courts will decline to interfere.

Social Justice not a Countenance for Wrong Doing

Moreover, the cause of the social justice is not served by upholding the interest of the employees in disregard of
the right of the company. Social justice ceases to be an effective instrument for the “equalization of the social and
economic forces” by the state when it is used to shield wrong doing. While it is true that compassion and human
consideration should guide the disposition of cases involving termination of employment since it affects one’s source or
means of livelihood, it should not be overlooked that the benefits accorded to labor do not include compelling an employer
to retain the services of an employee who has been shown to be a gross liability to the employer. It should be made clear
that when the law tilts the scale of justice in favor of labor, it is but recognition of the inherent economic inequality between
labor and management. The intent is to balance the scale of justice: to the two parties on relatively equal positions. There
may be cases where the circumstances warrant favoring labor over the interest of management but never should the
scale be so tilted if the result is an injustice to the employer.

Labor to Prove First the Fact of Dismissal

Thus, even if the burden of proof lies with the employer as regards its valid exercise of right to dismiss an
employee in case of illegal dismissal, the employee must first establish by substantial evidence the fact of dismissal.

Courts urges for a Moderation in applying Sanction

However, even if the constitutional mandate of protection to labor does not countenance a wrong doing, still the
court urges for a moderation in applying sanction to the working man.

Prohibition against Labor Only Contracting

Labor only contracting is hereby declared prohibited, for this purpose, Labor Only Contracting refers to such
arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work or
service for a principal and any of the following elements are present:

The Contractor or Subcontractor does not have substantial capital or investment which relates to the job, work or
service to be performed and the employees recruited, supplied or placed by such contractor or subcontractor are
preforming activities which are directly related to the main business of the principal; or

The contractor does not exercise the right to control over the performance of the work of the contractual
employees.

The forgoing provisions shall be without prejudice to the applications of Article 248 of the Labor Code as
amended.

Substantial Capital or Investment

Substantial capital or investment refers to capital stocks and subscribed capitalization in the case of corporations,
tools, equipment, implements, machineries and work premises actually and directly used by the contractor or
subcontractor in the performance or completion of the job, work or service contracted out.

Other Prohibited Acts for being Contrary to law or Public Policy

Contracting out of job, work or service when not done in good faith and nor justified by the exigencies of the
business and the same result in termination of regular employees and reduction of work hours or reduction or splitting of
the bargaining unit;

Contracting out of work with a “Cabo”

Cabo refers to a person or group of persons or to a labor group which, in the guise of a labor organizations,
supplies workers to an employer with or without monetary consideration whether in the capacity of an agent of the
employer or as an ostensible independent contractor;

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 Taking undue advantage of the economic situation or lack of bargaining strength of the contractual employee, or
undermining his security of tenure or basic rights, or circumventing the provisions of regular employees, in my of the
following instances.

Rights of Contractual Employees

The contractual employee shall be entitled to all the rights and privileges due to a regular employee as provided
for in the Labor Code as amended, including the following:

1. Safe and Health Working Conditions

Labor Standards such as service incentive leave, rest days, overtime pay, holiday pay, 13 th month pay
and separation pay;
2. Social Security and Welfare Benefit
Self-organizations, collective bargaining, peaceful concerted action; and Security of tenure.

3. Solidary Liability of the Principal

The principal shall be deemed as the direct employer of the contractual employees and therefore,
solidarily liable with the contractor or subcontractor for whatever monetary claims the contractual
employees may have against the former.

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