Title I - Introduction to Labor Law - Coggle Diagram
Title I - Introduction to Labor Law
Part I - Capital and Labor
Part II - Labor Law
Labor Law - minimum standards that govern the relationship of the worker and employer. No requirement that it be in a form of a written contract, sufficient that there be an agreement.
Provides minimum terms, conditions and benefits that employers must render to employees as a matter of legal rights. E.g. laws on minimum wage, work hours, safety, etc.
Governs the interactions either individually or collectively of employers and employees defines the status, rights and duties as well as institutional mechanisms that govern this. Examples are laws that involve union, negotiation, and dispute settlements.
Social Security Legislation
Broader category under which Labor Law falls under; deals with welfare of society or social justice. e.g. social security, agrarian reform laws
Covers benefits that do not fall under Labor Standards or Labor Relations but arise due to employment e.g. pension, death benefits, etc.
Labor Law, as social legislation is aimed towards social justice - generally, equality under the law and the attainment of a decent quality of life by the people through humane and productive work.
1987 Consti Art. II - Sec. 10 - The State shall promote social justice in all phases of national development.
Note that labor laws derived from Police Power of the State.
Police Power - inherent power of the state to enact legislation to promote health, morals, peace, education, good order or safety or general welfare.
Labor as Protected Class; Presumption of Inherent Inequality
Pascua v. Bankwise - Labor is a constitutionally protected social class due to inequality between capital and labor. . Presumption is that employer-employee relationship inherently unequal in favor of the employer, therefore State must step in so that both parties will be on an equal footing. This is determined on a case to case basis Employees with special qualifications considered to already be on an equal footing with their employers, rationale being that they are in a better position to bargain or to make demands from their employer. Thus, these employees would need less protection from the State than an ordinary employee.
Social Justice as Justification
- The right to
regulate all aspects of employment, work processes, how it will be accomplished.