LM 3188 – Labor Laws and Social Legislation

Labor law is divided into three categories:

a. Labor Standard Laws
b. Labor Relations
c. Welfare Relations

LABOR STANDARD LAWS – the basic law

- The minimum requirements prescribed by existing laws, rules and regulations and father
issuances relating to wages, hours of work, allowances, and other monetary and welfare
benefits, including those set by occupational safety and health standards.
- This refers to anything that pertains to working which maybe hours of work, overtime,
allowance etc.
- This also includes any issues which may be non-monetary which include safety and health
standards
- Sets the minimum requirements prescribed for the protection of workers
- An example of this would be minimum wage law which under existing laws states that
you are not allowed to give wage lower than what is stated on the law
- This not only includes land based employees but also doing is working as a maid where in
they have a minimum of 6000 as wage and also has benefits

QUESTION: Is this not an infringement on the part of the enterprise with respect to the terms
and conditions is this not overstepping the boundaries of freedom to contract?
[allows us to provide the terms and conditions of employment]
How do you rational of this laws?

ANSWER: By the nature of belonging to the working class, it is undeniable that they are the ones
off and pushed to the wall and because of this, the lowest be there to protect them because of
the political dynamics in which the poor is normally at a disadvantage
- The protection of workers is premise mainly on social justice
- Ramon Magsaysay’s wife says: social justice is to be viewed simply to the effect that those
who have less in life must have more in law
- Ex. if capital and worker would be placed on opposite sides of a balance scale, capital
would more than likely tilt downward as they have more power and vice versa, this is
unfair for the working class.
QUESTION: how would you know level the playing field? So that those who have less in life may
have a better chance in fighting against those who have more in life?
ANSWER: this is simply done by providing better loss, protection which would mean that there
would be a balance on the scale as they would have more in law
- This is the purpose of having lost that will protect the working class in which as they have
protection, the scale will be balance because those who have less in life will have more in
law
- In the labor standards for that matter, simply protects the working class from possible
abuses why? Because at the end of the day often the workers are pushed to the wall
whether they like it or not, and when it is done, they do not have much of a choice.

Ex. when the labor standards are gone assuming that the skills will build again towards capital
then every employer will dictate even terms of employment then workers will no longer have a
chance to negotiate for better terms as the phrase goes “beggars can’t be choosers”, and now
abuses will be prevalent.
- This is why there are laws for them, the playing field will be leveled
- On the landscape of employment, labor standards presuppose that congress ensures that
the cost of living is addressed
o This is done through the application of minimum wage which presupposes that it
would address the living wage of workers (although it is debatable)
- The law becomes a great equalizer of inequities

LABOR RELATIONS

- Laws that regulate the relationship between employees and employers

- Mechanisms by which the terms and conditions of employment are exercised, how
agreements are reached and how workplace relationship is enhanced
- It is not enough you only have labor standards, it is equally important how these rights
may be enforced
- Also discusses negotiation for better terms, this is where collective bargaining comes in
- This is also where the beyond labor standards come in

QUESTION: can they deviate from the standards?

ANSWER: the employer is only allowed to deviate from the standards so long as it is favorable to
the worker
- The provisions are merely the minimum standards, anything beyond the standards is
acceptable
- The intention is to provide minimum protection which is why if it goes beyond then it is
doable and allowable
Ex. instead of paying the worker minimum wage of Php 15,000, the employer decides to give
Php 20,000 instead
- This is allowable
- In terms of the scales of justice, the intention there is to provide the minimum
protection
WELFARE LEGISLATION

- Pertains to the provisions on welfare benefits in case of displacement among others

- This is also founded on Social Justice as well
o Under this, workers may have instances of work/non-work related injuries or
incapacity, if the workers cannot work then Welfare Legislation comes into play
o During the pandemic this was tested, the distribution of benefits,
- Even without the pandemic, the state is mandated to provide support which is why we
have welfare benefits such as those coming from SSS/GSIS [can get loan if injury or fired]
o Membership is mandatory among all workers

LABOR LAWS

All of these labor laws are founded on the principle of social justice:

SOCIAL JUSTICE:
Promotion of welfare of all people, the adoption by government of measures calculated to ensure
economic stability of ALL the economic components of society through the maintenance of
proper economic equilibrium in the interrelations of the members of the community.
Constitutionally, through the adoption of measures legally justifiable or extraconstitutional
through the exercise of power of the government based on the time-honored principle of salus
populi est suprema lex [the welfare of the people is the supreme law.

BASIS OF LABOR LAWS

Constitution : Art. 13, Sec. 3 (par. 1)
“The State shall afford full protection to labor, local and overseas, organized & unorganized, and
promote full employment and equality of employment opportunities for all.”
- As can be seen from the policy, the protection remains unqualified = it is a full protection
- Protection is not only given to those who work in the PH, but also those living abroad
- Even without a labor union, the state must protect the workers
- The reasoning behind it is that those who have less in life must have more in law
o This is why the protection guaranteed by the institution is full
- Have equality in both the employ,ent and opportunities
Ex. one applicant is skillful when it comes to a computer while the other is an undergrad with no
qualifications other than that she is a finalist in a beauty pageant and her grammar and typing
skills are terrible. Regardless of the first candidate being the better one, the second one was still
hired
QUESTION: Does this violate the equality of employment opportunities?
ANSWER: equality presupposes that there is already an employment and in the workplace there
should not be discrimination
- However, in choosing who to employ, the enterprise remains with the right to choose
- Regardless of the qualification, the choice remains with them
- Discrimination only falls when there is an employment already

Constitution : Art. 13, Sec. 3 (Par.2)

“It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.”

- Pertains to labor relations, these are constitutional mandate

- Constitutional guarantee to all types of workers, even those in the government service
has the right to self organization
- When it comes to the right to strike, it should be done in accordance with the law
- Those in government service are not allowed to engage in strike in accordance to the law
as they are public servants

QUESTION: are probationary employees entitled to security of tenure?

ANSWER: Even if one is considered as probationary employee he/ she is actually entitled to
security of tenure
- The provision did not say who are entitled to security of tenure
How will this be reconciled?
ANSWER: within the period of employment, the employee is entitled to security of tenure
- They cannot just remove you before the agreed duration unless justifiable

The living wage is the assurance that at the very least, it should be reasonable, which is equal to
the cost of living
“participate in policy and decision-making processes affecting their rights and benefits as may be
provided by law.”
- This part of the paragraph talks about both the standard and interplay of labor relations

Constitution : Art. 13, Sec. 3 (Par.3)

“The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

- This talks about labor relations = “Shared responsibility… industrial peace”

- The clear intention is to promote shared responsibilities = not one sided
- Obligated to make sure that there should always be industrial peace and attainable if
other modes of settling disputes is utilized (mediation, conciliation, etc.)
- Mutual compliance = compromises

Constitution : Art. 13, Sec. 3 (Par.4)

“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
to investments, and to expansion and growth.”
- Promotes the recognition of the right of labor, employees and employers

QUESTION: In what sense are they protected?

ANSWER: recognize that because of the employees effort, they should also be entitled to their
share in the fruits of production
- But at the same time, management who also need to expand should also be given the
right to expansion and growth = balancing interest