Labor Code of the Philippines: General Provisions

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Questions and Answers

Which of the following best describes the scope of the Labor Code of the Philippines concerning worker rights and benefits?

  • It applies only to workers in the private sector, excluding agricultural workers.
  • It applies primarily to government employees and those in government-controlled corporations.
  • It applies exclusively to unionized workers with formal employment contracts.
  • It applies to all workers, whether agricultural or non-agricultural, unless otherwise specified. (correct)

In the context of land transfer to tenant-farmers, how does the Labor Code of the Philippines define a 'family-size farm' for the purpose of determining the land area to be transferred?

  • A farm whose size is determined by the tenant-farmer's capacity to cultivate, up to a maximum of 7 hectares.
  • A farm capable of being cultivated by a single family, with a standard size of 10 hectares regardless of irrigation.
  • A farm of variable size determined by the Department of Agrarian Reform based on local crop yield.
  • A farm suitable for a family, consisting of 5 hectares if not irrigated, or 3 hectares if irrigated, primarily for rice and corn. (correct)

How are doubts regarding the implementation and interpretation of the Labor Code's provisions typically resolved, as per the declared principles?

  • They are elevated to the Supreme Court for final adjudication.
  • They are resolved in favor of labor to ensure maximum protection and benefits for workers. (correct)
  • Through binding arbitration by a panel of representatives from labor, management, and the government.
  • They are resolved in favor of the employer to promote business sustainability.

Within what timeframe after their announcement do the implementing rules and regulations of the Labor Code become effective?

<p>Fifteen (15) days after the announcement of their adoption in newspapers of general circulation. (D)</p> Signup and view all the answers

What condition must a tenant-farmer fulfill to be fully entitled the land transferred under Presidential Decree No. 27?

<p>Becoming a full-fledged member of a duly recognized farmers' cooperative . (D)</p> Signup and view all the answers

According to the Labor Code, what is the maximum land area that a landowner is allowed to retain if they are cultivating or will cultivate the land?

<p>Seven (7) hectares, irrespective of the land's irrigation status. (A)</p> Signup and view all the answers

How is the value of land determined for transfer to tenant-farmers, according to the Labor Code of the Philippines?

<p>Equivalent to two and one-half times the average harvest of three normal crop years preceding Presidential Decree No. 27 (B)</p> Signup and view all the answers

In the scenario where a tenant-farmer defaults on their land amortization payments, who assumes the responsibility for these payments?

<p>The farmers' cooperative, of which the defaulting tenant-farmer is a member, assumes the payment with a right of recourse. (B)</p> Signup and view all the answers

What assurance does the government provide regarding the amortization payments for lands transferred to tenant-farmers?

<p>The government provides guarantees for such amortizations with shares of stock in government-owned and government-controlled corporations. (D)</p> Signup and view all the answers

Aside from hereditary succession, under what specific condition can the title to land acquired under Presidential Decree No. 27 or the Land Reform Program be transferred?

<p>Only by hereditary succession or to the Government in accordance with the provisions of Presidential Decree No. 27. (B)</p> Signup and view all the answers

Flashcards

Name of Decree

The decree is officially termed as the "Labor Code of the Philippines."

Date of Effectivity

The Labor Code takes effect six months after its official announcement.

Basic Policy Declaration

The state ensures protection, equal opportunities, and regulates labor relations, assuring workers' rights to organize, bargain, and work under just conditions.

Construction in Favor of Labor

Any doubts in interpreting the Labor Code are resolved to benefit labor.

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Rules and Regulations

The Department of Labor issues necessary rules, effective 15 days after being announced in newspapers.

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Applicability

Worker rights and benefits apply to all workers, whether agricultural or non-agricultural.

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Transfer of Lands

Tenant-farmers on private rice/corn lands can become owners: 5 hectares (non-irrigated), or 3 hectares (irrigated).

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Land Value Determination

Land value is 2.5 times the average of three normal crop years before Presidential Decree No. 27 (Oct 21, 1972).

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Ownership Conditions

Full-fledged cooperative membership is needed before receiving land title under Presidential Decree No. 27.

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Implementing Agency

The Department of Agrarian Reform creates rules to implement land reform provisions.

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Study Notes

  • Presidential Decree No. 442, as amended, institutes a Labor Code.
  • The Labor Code revises and consolidates labor and social laws.
  • It aims to afford protection to labor.
  • Its goals are to promote employment and human resources development.
  • It seeks to ensure industrial peace based on social justice.

General Provisions

  • This Decree shall be known as the "Labor Code of the Philippines".
  • The Code takes effect six (6) months after its promulgation.
  • The State affords protection to labor and promotes full employment.
  • Equal work opportunities are ensured regardless of sex, race, or creed.
  • Relations between workers and employers are regulated.
  • The State assures workers' rights to self-organization and collective bargaining.
  • It guarantees security of tenure and just and humane conditions of work.
  • All doubts in the implementation and interpretation of the Code are resolved in favor of labor.
  • The Department of Labor and other government agencies will create implementing rules and regulations.
  • These rules become effective fifteen (15) days after announcement in newspapers.
  • All rights and benefits under the Code apply to all workers, whether agricultural or non-agricultural.
  • This was amended by Presidential Decree No. 570-A on November 1, 1974.

Emancipation of Tenants

  • The old concept of land ownership by a few has caused conflict and tension.
  • Addressing these grievances is fundamental to the New Society.
  • Reformation must start with emancipating the tiller of the soil.
  • Tenant-farmers on private agricultural lands devoted to rice and corn are deemed owners.
  • This applies whether under share crop or lease tenancy.
  • Irrigated land is capped at three (3) hectares, non-irrigated at five (5) hectares.
  • Landowners can retain up to seven (7) hectares if they cultivate it.
  • Land value is determined by multiplying the average harvest of three normal crop years by 2.5
  • This average is calculated right before Presidential Decree No. 27 on October 21, 1972.
  • The total land cost, including 6% annual interest, is paid in 15 equal annual installments.
  • If a tenant defaults, the farmers' cooperative pays the amortization, and can seek recourse from the tenant.
  • The government guarantees amortizations with shares of stock in government-owned corporations.
  • Land title is issued only when the tenant becomes a full member of a recognized farmers' cooperative.
  • Land acquired under Presidential Decree No. 27 is not transferable except by hereditary succession.
  • Transfers can be made to the Government in accordance with Presidential Decree No. 27.
  • The Code of Agrarian Reforms and other laws also apply.
  • The Department of Agrarian Reform formulates rules and regulations for this Chapter.

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