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I. INTRODUCTION TO LABOR LAW 1. LABOR LAW - Coggle Diagram
I. INTRODUCTION TO LABOR LAW
1. LABOR LAW
A. DEFINITION
B. HISTORY OF LABOR LAW IN THE PHILIPPINES
C. CLASSIFICATION
LABOR STANDARDS LAW
MINIMUM REQUIREMENTS OF:
WORK,
COLA,
AND OTHER MONETARY & WELFARE BENEFITS,
INCLUDING OCCUPATIONAL,
SAFETY, AND
HEALTH HAZARDS**
The minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowance, and other monetary and welfare benefits, including occupational, safety, and health hazards.
LSL PROVIDE THE LEAST TERMS & CONDITIONS OF EMPLOYMENT THAT...
EMPLOYERS MUST COMPLY WITH
EMPLOYEES ARE ENTITLED TO AS A MATTER OF LEGAL RIGHT
That which provide the least terms and conditions of employment that employers must comply with and to which employees are entitled as a matter of legal right
LABOR RELATIONS LAW
LRL DEFINES
STATUS
RIGHTS & DUTIES
INSTITUTIONAL MECHANISMS
...THAT GOVERN THE INDIVIDUAL AND COLLECTIVE INTERACTIONS OF...
Defines the status, rights and duties, and the institutional mechanisms that govern the individual and collective interactions of employers, employees, and their representatives
EMPLOYERS
EMPLOYEES
AND THEIR REPRESENTATIVES
WELFARE LAWS
WELFARE LAWS PROVIDE PARTICULAR KINDS OF PROTECTION/BENEFITS TO SOCIETY OR SEGMENTS THEREOF
...IN FURTHERANCE OF SOCIAL JUSTICE
Welfare Laws (Social Legislation)
Laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.
→ labor laws are social legislation
D. PURPOSE AND JUSTIFICATION
PROMOTE SOCIAL JUSTICE IN ALL PHASES OF NATIONAL DEVELOPMENT
SECTION 10 ART. II . The State shall promote social justice in all phases of national development.
SOCIAL JUSTICE AND HUMAN RIGHTS
ARTICLE XIII
THE CONGRESS SHALL GIVE HIGHEST PRIORITY TO ENACT MEASURES THAT PROTECT AND ENHANCE THE RIGHT OF ALL THE PEOPLE TO...
HUMAN DIGNITY
REDUCE SOCIAL/ECONOMIC/POLITICAL INEQUALITIES
REMOVE CULTURAL INEQUITIES BY EQUITABLY DIFFUSING WEALTH & POLITICAL POWER FOR THE COMMON GOOD
SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.
THE STATE SHALL REGULATE THE:
ACQUISITION
USE,
AND
DISPOSITION OF THE PROPERTY AND ITS INCREMENTS
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.
PROMOTION OF SOCIAL JUSTICE SHALL INCLUDE
THE COMMITMENT TO CREATE
ECONOMIC OPPORTUNITIES BASED ON FREEDOM OF INITIATIVE & SELF-RELIANCE
SECTION 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.
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LABOR LAWS ARE PIECES OF SOCIAL LEGISLATION
Our laws on labor, foremost of which is the Labor Code, are pieces of social legislation.
(Rivera v. Genesis Transport)
THEY HAVE BEEN ADOPTED PURSUANT TO
THE CONSTITUTIONAL RECOGNITION OF LABOR AS A PRIMARY SOCIAL ECONOMIC FORCE
AND
CONSTITUTIONAL MANDATES
a)
FOR THE STATE TO PROTECT THE RIGHTS OF WORKERS AN PROMOTE THEIR WELFARE
AND
b)
FOR CONGRESS TO GIVE HIGHEST PRIORITY TO THE ENACTMENT OF MEASURES THAT PROTECT AND ENHANCE THE RIGHT OF ALL PEOPLE TO HUMAN DIGNITY, AND REDUCE SOCIAL/ECONOMIC, AND POLITICAL INEQUALITIES
They have been adopted pursuant to
The constitutional recognition of labor as a primary social economic force and to
the constitutional mandates for the state to protect the rights of workers and promote their welfare and for Congress to give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, and reduce social, economic, and political inequalities.
(Rivera v. Genesis Transport)
LABOR LAWS ARE A MEANS OF EFFECTING SOCIAL JUSTICE
They are means for effecting social justice. Humanization of laws and equalization of social and economic forces by the State so that justice in the rational and objectively secular conception may at least be approximated.
(Rivera v. Genesis Transport)
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E. FOUNDATION
A PROFESSION, TRADE, OR CALLING IS A PROPERTY RIGHT
A profession, trade or calling is a property right
THESE ARE SUBJECT TO VALID EXERCISE OF POLICE POWER
However, no right is absolute and the proper regulation of a profession, calling, business or trade has been upheld as a legitimate subject of a valid exercise of police power by the state…
…particularly when their conduct affects the execution of governmental functions, the preservation of the State, the public health and welfare and public morals.
REQUIRED BY SOCIAL JUSTICE
These are all required, based on social justice
ITS WRITING BEGAN IN 1968, BY
MINISTER OF LABOR BLAS OPLE
Writing began in 1968, Minister of Labor Blas Ople
THE NATIONAL TRIPARTITE CONGRESS RATIFIED THE LABOR CODE IN 1973
Code was ratified by National Tripartite Congress in 1973
IT WAS SIGNED INTO LAW AS PD 442 IN 1974
Signed into law as PD 442 on May 1, 1974.
IT RESURFACED WITH EXTENSIVE CHANGES AS PD 570-A AND TOOK EFFECT ON
NOV.1, 1974
Resurfaced and took effect on Nov 1, 1974 as PD 570-A, with extensive changes.
Objectives:
CONSOLIDATE LEGISLATIONS ON LABOR
Consolidate legislations on labor
REORIENT THE LAW TO THE NEEDS OF ECONOMIC DEV'T & JUSTICE
Reorient them to the needs of economic development and justice
ELEVATION OF REAL WAGES, INCOMES, AND LIVING STANDARDS
In line with Ranis Report
(Comprehensive Employment Strategy Mission of the ILO)
Elevation of real wages, incomes and living standards was a function of employment generation and economic expansion
LAWS BEFORE THE LABOR CODE
EMPLOYER'S LIABILITY ACT
Act No. 1874, Employer’s Liability Act (1908)
PROHIBITION OF
PAYMENT OF WAGES IN NON-CASH FORM
Act No. 2549
Prohibited payment of wages in non-cash form
PROHIBITION OF
SLAVERY OR INVOLUNTARY SERVITUDE
Act No. 2071
Prohibiting slavery or involuntary servitude
REQUIREMENT OF
MEDICAL TREATMENT FOR EMPLOYEES
RA 1054
Requiring emergency medical treatment for employees
8-HOUR LABOR LAW
CA 444
8-Hour Labor Law
CIR LAW
CA 103
Created the Court of Industrial Relations (NLRC pre-cursor)
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LABOR LEGISLATION
LABOR LEGISLATION CONSISTS OF LAW GOVERNING RELATIONS BETWEEN
CAPITAL AND LABOR
HOW: BY PROVIDING FOR...
CERTAIN EMPLOYMENT STANDARDS
-
LEGAL FRAMEWORK FOR NEGOTIATING, ADJUSTING, AND ADMINISTERING THOSE STANDARDS AND OTHER INCIDENTS OF EMPLOYMENT
Consists of statutes, regulations, and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and legal framework for negotiating, adjusting, and administering those standards and other incidents of employment.
LABOR CODE
LABOR CODE IS A SET OF
SUBSTANTIVE & PROCEDURAL LAWS
THESE LAWS PRESCRIBE THE PRINCIPAL RIGHTS & RESPONSIBILITIES OF INDUSTRIAL PARTICIPANTS SO AS TO INSTITUTE SOCIAL JUSTICE
Set of substantive and procedural laws that prescribe the principal rights and responsibilities of the industrial participants, so as to institute social justice.
SIR:
LABOR LAW DEFINED
Labor law is primarily a study on of 2 main parties and a third party, an observer.
THE TWO PARTIES
Employer
Employee
THIRD PARTY
Government
BY ITS NATURE, E-E RELATIONSHIP IS A CONTRACT
By its nature, an E-E relationship is a contract.
EMPLOYMENT CONTRACTS ARE CONTRACTS
A contract is formed by the consent of the parties.
THESE ARE SPECIAL CONTRACTS
They are regulated by the government.
GOVERNMENT IMPOSES MINIMUM REQUIREMENTS
The regulations imposed on these contracts are the minimum requirements.
WHY DOES THE GOV'T HAVE TO STEP IN AS THIRD PARTY? CONFLICT OF INTEREST
Because of a conflict of interest of the employer and the employee.
CANNOT BE STRUCK OFF BY STIPULATION OR AGREEMENT BY PARTIES
The parties cannot take away these minimum requirements by agreement
2 SCHOOLS OF THOUGHT ON LABOR
CAPITALIST SCHOOL OF THOUGHT (ASIAN):
LABOR IS MERELY AN INPUT OF PRODUCTION
-
PRO-LABOR SCHOOL (WESTERN):
LABOR IS NOT MERELY AN INPUT OF PRODUCTION, BUT RATHER A PARTNER OF MANAGEMENT IN PRODUCTION
The labor code is your bible.