LABOR LAW Lecture 1

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LABOR LAW mechanisms that govern the 

individual and
collective interactions of Ers, Ees or
their representatives. 
E.g. Collective bargaining negotiations
LABOR
Social Legislation - All laws passed by the State
It is the exertion by human beings of to promote public welfare. Laws that provide
physical or mental efforts, or both, towards the particular kinds of protection or benefits to
production of goods and services. (Poquiz, 2012, society or segments thereof in furtherance of
p. 1) The State affirms labor as a primary social social justice. It includes statutes intended to
economic force. It shall protect the rights of enhance the welfare of the people even where
workers and promote their welfare. (1987 there is no Er-Ee relationship. 
Constitution, Art. II, Sec. 18)
E.g. GSIS Law, SSS Law, Phil health benefits, 
LABOR LAW
Agrarian Laws
The law that governs the rights and duties of the
employer (Er) and employees (Ee) with Protection to labor - In affording full protection
respect to:  to labor, this Court must ensure equal work
opportunities regardless of sex, race or creed
1. The terms and conditions of employment, giving maximum aid and protection to labor,
and  promoting their welfare and reaffirming it as a
2. Labor disputes arising from collective primary social economic force in furtherance of
bargaining or other concerted activity respecting social justice and national development. 
such terms and conditions. Case at point: 
CLASSIFICATION OF LABOR (Angelina Francisco v. NLRC. G.R. No.
LAWS 170087, August 31, 2006).

1. Labor Standards –The minimum


requirements prescribed by existing laws, rules
Limitation to Protection of Labor:  
and  regulations as to the terms and conditions
of employment relating to wages, hours of  1. Recognition of management rights. (St.
work, cost-of-living allowance, and other Luke’s Medical Center Ees Ass’n v.  NLRC,
monetary and welfare benefits, including  G.R. No. 162053, March 7, 2007)  
• Occupational, safety and health standards.   2. Principle of Non-Oppression. (NCC, Art.
1701) 

DECLARATION OF BASIC
POLICY
Case at point:  
The State shall:  
Maternity Children’s Hospital vs. Secretary of
Labor, G.R. No. 78909, June 30, 1989) • e.g. 1. Afford full protection to labor;  
wages, hours of work, 13th month pay
2. Promote full employment;  
2. Labor Relations – Defines and regulates the
status, rights and duties, and the institutional 3. Ensure equal work opportunities regardless of
sex, race, or creed;  
4. Regulate the relations between workers and all equities of the case. (Gandara Mill Supply
Er; and,   and Milagros Sy v. NLRC and Silvestre
Germano, G.R. No. 126703, December 29,
5. Assure the rights of workers to self-
1998)
organization, collective bargaining, security of
tenure, and just and humane conditions of work. FUNDAMENTAL PRINCIPLES
(LC, Art. 3) 
AND CONCEPTS
SOURCES OF LABOR LAWS 1. International Instruments 
1. Constitution;  Article 22, International Covenant on Civil and
2. Labor Code and other related special Political Rights (ICCPR) 
legislation (including their respective IRR); Articles 6, 7, 8, 9, International Covenant on
3. Contracts;  Economic, Social and Cultural Rights Article
11, International Convention on the Elimination
4. CBA;  of All Forms of Discrimination against Women,
International Labor Organizations Conventions
5. Company practices; and, 
(ILO 87, 98, 100, 111, 138, etc.)
6. Company policies;
2. 1987 Constitutions 
3. Labor Code 
4. New Civil Code
CONSTRUCTION IN FAVOR OF 1987 CONSTITUTION (STATE
LABOR POLICIES, BILLS OF RIGHTS
All doubts in the implementation and AND SOCIAL JUSTICE)
interpretation of the provisions of this Code
including its implementing rules and regulations, Article II, Secs. 9, 10, 18, 20 
shall be resolved in favor of labor. (LC, Art. 4) Section 9. The State shall promote a just and
In case of doubt, all labor legislation and all dynamic social order that will ensure the
labor contracts shall be construed in favor of the prosperity and independence of the nation and
safety and decent living for the laborer. (NCC, free the people from poverty through policies
Art. 1702) But protection to labor does not mean that provide adequate social services, promote
oppression or destruction of capital. The Er’s act full employment, a rising standard of living, and
will be sustained when it is in the right. (Eastern an improved quality of life for all. 
Shipping Lines v. POEA, G.R. No. 76633,
October 18, 1988) Section 10. The State shall promote social
justice in all phases of national development.
COMPASSIONATE JUSTICE
1. ARTICLE 2 – SECS.9,10,18,20
In calling for protection to labor, the
Constitution does not condone wrong doing by Section 18. The State affirms labor as a primary
the employee. However, it urges a moderation of social economic force.  It shall protect the rights
the sanctions that maybe applied to him in the of workers and promote their welfare. 
light of the many disadvantages that weigh Section 20. The State recognizes the
heavily on him like an albatross on his neck. It is indispensable role of the private sector,
disregarding rigid rules and giving due weight to
encourages private enterprise, and provides  
incentives to needed investments.
3. ARTIICLE 13 – SECS. 2, 3, 13, 14
Section 2.The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance. 
2. ARTICLE 3 – SECS. 1, 8, 10, 16, 18(2) Case at point: 
Section 4. No law shall be passed abridging the
Alalayan vs. National Power Corporation, G.R.
freedom of speech, of expression, or of the
No. L-24396 (1968) 
press, or the right of the people peaceably to
assemble and petition the government for Employees Confederation of the Philippines vs.
redress of grievances.  NWPC, G.R. No. 96169 (1991) Tirazona vs.
Philippine EDS Techno-Service Inc., G.R. No.
Case at point:  
169712 (2009) Agabon vs. NLRC, G.R. No.
[Bascon v CA, G.R. No. 144899 (2004)] 158693 (2004)

Section 8. The right of the people, including Section 3. The State shall afford full protection
those employed in the public and private sectors, to labor, local and overseas, organized and
to form unions, associations, or societies for unorganized, and promote full employment and
purposes not contrary to law shall not be equality of employment opportunities for all. 
abridged.  
It shall guarantee the rights of all workers to
The right to form associations shall not be self-organization, collective bargaining and
impaired except through a valid exercise of negotiations, and peaceful concerted activities,
police power. [Bernas, the 1987 Philippine including the right to strike in accordance with
Constitution: a Comprehensive Reviewer] law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
Section 10. No law impairing the obligation of They shall also participate in policy and
contracts shall be passed.  decision-making processes affecting their rights
Case at point:  and benefits as may be provided by law.

Leyte Land Transportation Co. vs. Leyte Section 3. Xxx 


Farmers & Workers Union, G.R.  No. L-1377 The State shall promote the principle of
(1948)] shared responsibility between workers and
Section 16. All persons shall have the right to a employers and the preferential use of voluntary
speedy disposition of their cases before all modes in settling disputes,
judicial, quasi-judicial, or administrative bodies.  including conciliation, and shall enforce their
mutual compliance therewith to foster industrial
Section 18 (2). No involuntary servitude in any peace. 
form shall exist except as a punishment for a
crime whereof the party shall have been The State shall regulate the relations between
duly convicted. 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. 
Section 13. The State shall establish a special Article 4, Labor Code. Construction in favor
agency for disabled person for their of labor. All doubts in the implementation and
rehabilitation, self-development, and self- interpretation of the provisions of this Code,
reliance, and their integration into the including its implementing rules and regulations,
mainstream of society.  shall be resolved in favor of labor.
Section 14. The State shall protect working Case at point: 
women by providing safe and healthful working
conditions, taking into account their maternal Misamis Oriental II Electric Service
functions, and such facilities and opportunities Cooperative vs. Virgilio Cagalawan, G.R. No.
that will enhance their welfare and enable them 175170 (2012 
to realize their full potential in the service of the Hocheng Philippines Corporation v. Farrales,
nation. G.R. No. 211497 (2015 
CIVIL CODE Maynilad Water Supervisors Association vs.
Maynilad Water Services, Inc., G.R. No.
Article 1700. The relations between capital and 198935 (2013)]
labor are not merely contractual. They are so
impressed with public interest that labor Article 1703. No contract which practically
contracts must yield to the common good. amounts to involuntary servitude, under any
Therefore, such contracts are subject to the guise whatsoever, shall be valid.
special laws on labor unions, collective
bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and TOPIC
similar subjects. 
SUB-TOPIC / ARTICLES
Case at point: 
SAMPLE CASES
PAL Employees Savings and LoanAssn., Inc.
vs. NLRC, G.R. No. 105963 (1996) Innodata SECTION OF THE ARTICLE
Philippines, Inc. vs. Quejada-Lopez, G.R. No.
162839 (2006) 
Cirtek Employees Labor Union-FFW v Cirtek
Electronics, G.R. No. 190515 (2010)]
Case at point: 
PAL Employees Savings and LoanAssn., Inc.
vs. NLRC, G.R. No. 105963 (1996) Innodata
Philippines, Inc. vs. Quejada-Lopez, G.R. No.
162839 (2006) Cirtek Employees Labor Union-
FFW v Cirtek Electronics, G.R. No. 190515
(2010)] Cirtek Employees Labor Union-FFW v
Cirtek Electronics, G.R. No. 190515 (2010

Article 1702. In case of doubt, all labor


legislation and all labor contracts shall be
construed in favor of the safety and decent living
for the laborer. 

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