GREGORIO J.

LAZARITO
Labor Law and Social Legislation Quiz 1
September 15, 2023

I. Look for the following provisions:

a. Labor as Primary Social Economic Force (Constitution,
Art. II, Sec. 18)
Article II, Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and promote their welfare.
b. Full Protection to Labor (Constitution, Art. XIII, Sec. 3)

Article XIII, Section 3. (Par. 1)

The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.

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.

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.

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.

c. Security of Tenure (Constitution, Art. XIII, 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.

d. Social Justice (Constitution, Art. II, Sec.10;

Section 10. The State shall promote social justice in all phases of
national development.

e. Labor Code, Art. 218, as renumbered by DOLE D.A. No. 01-

2015)
 f. Equal Work Opportunities (Constitution, Art. XIII, Sec. 3;
Labor Code, Art. 3)
g. Right to Self-Organization and Collective Bargaining
(Constitution, Art. XIII, Sec. 3; Labor Code, Arts. 3 and 253)

Article XIII, Sec. 3 of the Constitution

(Par. 1) The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.

Labor Code Art. 3

Art. 3. Declaration of basic policy. The State shall afford protection to

labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the relations between
workers and employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and
humane conditions of work.

Constitution, Art. XIII, 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.

Labor Code, Arts. 3 and 253

Art. 3. Declaration of basic policy. The State shall afford protection to

labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the relations between
workers and employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and
humane conditions of work.
Art. 253. Duty to bargain collectively when there exists a collective
bargaining agreement. When there is a collective bargaining
agreement, the duty to bargain collectively shall also mean that neither
party shall terminate nor modify such agreement during its lifetime.
However, either party can serve a written notice to
terminate or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the status
quo and to continue in full force and effect the terms and conditions of
the existing agreement during the 60-day period and/or until a new
agreement is reached by the parties.
Art. 253-A. Terms of a collective bargaining agreement. Any
Collective Bargaining Agreement that the parties may enter into shall,
insofar as the representation aspect is concerned, be for a term of five
(5) years.
No petition questioning the majority status of the incumbent bargaining
agent shall be entertained and no certification election shall be
conducted by the Department of Labor and Employment outside of the
sixty-day period immediately before the date of expiry of such five-
year term of the Collective Bargaining Agreement. All other provisions
of the Collective Bargaining Agreement shall be renegotiated not later
than three (3) years after its execution. Any agreement on such other
provisions of the Collective Bargaining Agreement entered into within six
(6) months from the date of expiry of the term of such other provisions as
fixed in such Collective Bargaining Agreement, shall retroact to the day
immediately following such date. If any such agreement is entered into
beyond six months, the parties shall agree on the duration of retroactivity
thereof. In case of a deadlock in the renegotiation of the Collective
Bargaining Agreement, the parties may exercise their rights under this
Code. (As amended by Section 21, Republic Act No. 6715, March 21,
1989)

Numbers:

(3) years- other provisions of the Collective Bargaining Agreement shall

be renegotiated not later than three (3) years after its execution.

(6) months- Any agreement on such other provisions of the Collective

Bargaining Agreement entered into within six (6) months from the date of
expiry of the term of such other provisions as fixed in such Collective
Bargaining Agreement, shall retroact to the day immediately following
such date.-

(5) years- Any Collective Bargaining Agreement that the parties may
enter into shall, insofar as the representation aspect is concerned, be for
a term of five (5) years.

h. Construction in Favor of Labor (Labor Code, Art. 4; Civil

Code, Art. 1702)

Labor Code, Art. 4Art. 4. Construction in favor of labor. All doubts in the
implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations, shall be resolved in
favor of labor.
Civil Code, Art. 1702
Art. 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.

Under Department Order No. 174, series of 2017 (DO-174), issued by the
Department of Labor and Employment (DOLE), labor-only contracting is
prohibited.

Labor-only contracting refers to an arrangement whereby:

1) The contractor or subcontractor does not exercise the right to control
over the performance of the work of the employee; or

2) The contractor’s or subcontractor’s employees recruited and placed

are performing activities which are directly related to the main business
operation of the principal, plus: (a) the contractor or subcontractor does
not have substantial capital; or

(b) the contractor or subcontractor does not have investments in the

form of tools, equipment, machineries, supervision, work premises,
among others. (Section 5, DO-174)

“Labor-only contracting exists when 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:

1) 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 performing activities which are directly related to the
main business of the principal; or

2) The contractor does not exercise the right to control the

performance of the work of the contractual employee.” (Manila
Memorial Park Cemetery, Inc. v. Lluz, G.R. No. 208451, 03 February 2016)

Provisional employee means an employee who has a provisional appointment

to a vacant position for no more than a six-month period or, upon specific
action by the General Manager, up to a second six-month period for a total
provisional appointment of 12 months.
Fixed time employee- working in a certain/specific period of time of
their employment
Seasonal Employee- regular seasonal in nature and employed in the
duration of that season. Existence of season
Casual employees- must perform work in the incidental employment
of work.
-For the reason of
Project employee- within the specific project or undertakings
Regular Employee-