POL203 Basic Concepts

BASIC CONCEPTS
AND
ELEMENTS
marinella.hernandez@letran.edu.ph
What is Labor?
• Exertion by human beings of physical or

mental efforts or both, towards the
production of goods and services
It defines with the minimum standards as to wages,
hours of work and other terms and conditions of
employment that employers must provide their
employees
It defines the status, rights and rules as well as the
institutional mechanisms that govern the individual and
collective interactions between employers, employees
and their representatives
Those laws that provide particular kinds of
protection or benefits to society or segments thereof I
furtherance of social justice (Azucena, 2010)
That which requires to the worker or his family
when and while he cannot work, by reason of sickness,
Disability, old age, death and similar hazards.
Labor Legislation Social Legislation
Effect to Directly affects employment Governs the effects of
Employment (e.g. wages) employment
(e.g. compensation for
inquiries)
Purpose Designed to meet the daily needs Involves long range
of workers benefits
Coverage Covers employment for profit or Covers employment for
gain profit and non-profit
Labor Legislation Social Legislation
Effect to Affects work of employee Affects life of employee
Employee
Payor Benefits are paid by the worker’s Benefits are paid by

employer government agencies
(e.g. Employee’s
Compensation
Commission)
Constitution
Legislation (Labor Code [LC]; Civil Code;
and other Special Laws)
IRR (Implementing Rules and Regulations)
Contract/CBA
Company policy
(China Banking Corporation v. Borromeo, 440
SCRA 622, 2004)
Company past practices (DOLE Phits. v. Pawis ng
Makabayang Obrero, 395 SCRA 122, 2003)
It defines new State policies on labor
It guarantees individual and collective rights of
workers
It contains nationalistic provisions protecting Filipino
labor
The State affirms labor as a primary social
economic force. It shall protect the right of workers
and promote their welfare
The State shall provide promote the preferential

use of Filipino labor, domestic materials and locally
procedures goods, and adopt measures that help make
their more competitive
The State shall promote the principle of shared
responsibility between workers and employers, and
the preferential use of voluntary modes in setting
mutual compliance therewith to foster industrial peace
The State shall protect working women by providing
sale and healthful working conditions, taking into account
their maternal functions, and provide such facilities and
opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the
nation
It is the power of the Government to enact laws,
within Constitutional limits to promote the order, safety,
health, morals, and general welfare of society
(People v. Vera, GR. No. 45478, April 5, 1939)
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 people.
Provides for the minimum economic security of the
worker and his family in case of loss of earnings due to
death, old age, disability, injury or disease. It is
distinguished from social legislation in that welfare
statutes are predicted upon employer-employee
relationship; whereas the other is not.
one who works for an employer for a
fee; a person working for salary or wages
one from whom employees work and

who pays their wages or salaries
Employer Employee
Article 97 Any person acting directly or Includes any individual
(Wages) indirectly in the interest of an employed by an employer
employer in relation to an
employee and shall include the
Government and all its
branches, subdivisions, and
instrumentalities, all
government owned or
controlled corporations and
institutions, as well as
non-profit private institutions
or organizations
Employer Employee
Article 167– Any person, natural or Any person compulsorily
State Comp. juridical, employing the covered by the GSIS under
services of an employee CA 186, as amended,
and
including members of the
Insurance AFP, and any person
employed as casual,
emergency, temporary,
substitute or contractual; or
any person compulsorily
covered by the SSS under
RA 1161, as amended
Employer Employee
Article 212– Includes any person acting in Includes any person in the
Labor the interest of an employer, employ of an employer. The
directly or indirectly term shall not be limited to
Relations
the employees of a
particular employers, unless
this Code so explicitly
states. It shall include any
individual whose work has
ceased as a result of or in
connection with any current
labor dispute or because of
any unfair labor practice.
Next slide
Employer Employee
Article 212– If he has not obtained any
Labor other substantially
equivalent and regular
Relations
employment.

POL203 Basic Concepts

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POL203 Basic Concepts

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BASIC CONCEPTS

• Exertion by human beings of physical or

Payor Benefits are paid by the worker’s Benefits are paid by

The State shall provide promote the preferential

one from whom employees work and

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