LABOR-LAW-M1.pdf

Labor Law and Social Legislations (POS 313-0470) POLITICAL SCIENCE 3 | GLORIOSO MODULE 1 actual employment such as wages while social legislation governs the THE STATE POLICIES ON LABOR WITH...

Labor Law and Social Legislations (POS 313-0470) POLITICAL SCIENCE 3 | GLORIOSO MODULE 1 actual employment such as wages while social legislation governs the THE STATE POLICIES ON LABOR WITH effects of employment such as SOME KEY LABOR CONCEPTS compensation for injuries. - The former is designed to meet the WHY STUDY LABOR LAW? daily needs of a worker while the - Since employment in the Philippines latter involves long range benefits. is highly regulated - The former covers employment for - Since it is necessary to know your profit or gain while the latter may rights, duties, as well as obligations cover employment for gain or either as owner of the capital non-profit. (employer) or labor (employee) - The former affects the work of the employee while the latter affects the WHAT IS LABOR LAW? life of the employee. - It is a field of law that defines the - Benefits under labor law are paid by relationship between employer and the worker's employer while the their employees, as well as certain benefits under social legislation are third parties, in connection with paid by government agencies employment. administering the programs such as - It establishes the rights of each the Employees Compensation parties and determines their duties Commission. and obligations. - It also defines the role of WHERE TO FIND LABOR LAW? government in relation to capital and - (being a constitutional democracy) labor. The 1987 Philippine Constitution - Decisions of the Supreme Court of WHAT IS SOCIAL LEGISLATION? the Philippines (Jurisprudence) - A field of law governing the relative to labor employer-employee relationship - Labor Code while the employee is not at work - Civil Code and Revised Penal Code due to hazards arising from ➔ Civil Code specifically on employment human relations, Article 19, - Social Legislation is actually Every person must, in the designed to uplift and protect the exercise of his rights and in welfare of the worker and the the performance of his worker’s family from the hazards duties, act with justice, give beyond the control of the employee everyone his due, and which immobilize the laborer from observe honesty and good working faith (never forget this basic principle in human relation in DIFFERENTIATING LABOR LAW FROM abuse of human right) SOCIAL LEGISLATION - Special statutes that are not yet - Labor law is more direct in its codified application as it affects directly Labor Law and Social Legislations (POS 313-0470) POLITICAL SCIENCE 3 | GLORIOSO - Rules and Regulations issued by the WHAT ARE THE CONSTITUTIONAL Department of Labor and PROVISIONS ON LABOR? Employment (DOLE) - Labor Rights of Workers Spread in - American Jurisprudence various parts of the 1987 Philippine supplementing the above when Constitution are specific needed pronouncement and mandates on the protection and promotion of the WHAT ARE THE CLASSIFICATIONS OF rights of workers in the public and LABOR LAW private sectors, to wit: - Labor Relations - refers to that part 1. Sec. 18, Art. II, the State recognizes of labor law which regulates the “Labor as a primary social economic relations between employers and force” and it endeavors to “protect workers. the rights of workers and promote their welfare” Example: Book V of the Labor Code 2. Sec. 8, Art. III, the State recognizes which deals with labor organizations, the “right of (workers) xxx in the collective bargaining, grievance public and private sectors to form machinery, voluntary arbitration, unions”; conciliation and mediation, unfair 3. Sec. 2, Art. XIII, the State labor practices, strikes, picketing, pronounces “the promotion of social and lockout. justice” as one of its main goals; - Labor Standards - refers to that CASE: MAXIMO CALALANG v. A. D. part of labor law which prescribes WILLIAMS, GR No. 47800, 1940-12-02 the minimum terms and conditions of (Supreme Court defined Social Justice as employment which the employer is the humanization of laws and the required to grant to its employees. equalization of social as well as the economic forces of the state so that justice Example: Books One to Four of the will at least be approximated) Labor Code as well as Book VI thereof which deal with working 4. The most specific labor-related conditions, wages, hours of work, provision of the Constitution is found holiday pay, and other benefits, in Sec. 3, Art. XIII thereof, which conditions of employment of women, provides: minors, house helpers, and homeworkers, medical and dental a. That the State shall afford “full services, occupational health and protection to labor, local, and safety, termination of employment overseas, organized and and retirement. unorganized”; b. That the State shall aim to “promote full employment” c. That the “equality of employment opportunities for all” shall be respected; Labor Law and Social Legislations (POS 313-0470) POLITICAL SCIENCE 3 | GLORIOSO d. That the State shall protect the account of their gender, and against “rights of all workers to: children on account of their age. self-organization, collective bargaining and negotiations, - The Magna Carta of Women peaceful concerted activities, and (Republic Act No. 9710, as including the right to strike, in amended) prohibits discrimination accordance with law”. Labor Rights against women and expressly of Workers imposes liability for damages on the e. That the right to “security of tenure” person directly responsible for such of workers shall be respected; discrimination. f. That the workers are entitled to “humane conditions of work”; - The Anti-Age Discrimination in g. That the workers are entitled to “a Employment Act (Republic Act No. living wage”; 10911) prohibits discrimination on h. That the workers shall be afforded account of age, and imposes the right to “participate in policy and penalties for violation of the Act. decision-making processes affecting their rights and benefits as may be - The Magna Carta for Persons with provided by law”; Disability (Republic Act No. 7277, i. That employers and workers must as amended) provides that a be guided by the precept of “shared qualified employee with a disability responsibility”; shall be subject to the same terms j. That the State encourages the and conditions of employment as a “preferential use of voluntary modes qualified able-bodied person. in settling disputes” (i.e., conciliation, mediation, and voluntary arbitration); - The Solo Parents’ Welfare Act k. That the State has the power to (Republic Act No. 8972) prohibits an “regulate the relations between employer from discriminating against workers and employers”; any solo parent employee with l. That the State respects the “right of respect to the terms and conditions labor to its just share in the fruits of of employment on account of the production”; and employee being a solo parent. m. That, balancing capital with labor, the State recognizes the “rights of - The Indigenous Peoples’ Rights enterprises to reasonable returns on Act (Republic Act No. 8371) investments, and to expansion and prohibits discrimination against growth”. Labor Rights of Workers Indigenous Cultural Communities or Indigenous Peoples with respect to WHAT ARE THE LAWS PROHIBITING recruitment and conditions of DISCRIMINATION OR HARASSMENT IN employment on account of their EMPLOYMENT? descent. - The Labor Code prohibits discrimination against women on Labor Law and Social Legislations (POS 313-0470) POLITICAL SCIENCE 3 | GLORIOSO - The Anti-Sexual Harassment Act WHAT ARE THE PRIMARY (Republic Act No. 7877) prohibits GOVERNMENT AGENCIES OR OTHER sexual harassment in the workplace. ENTITIES RESPONSIBLE FOR THE ENFORCEMENT OF EMPLOYMENT - The Mental Health Act (Republic STATUTES AND REGULATIONS? Act No. 11036) requires employers - The Department of Labor and to develop appropriate policies and Employment (DOLE) is the primary programmes on mental health in the policy-making agency in the workplace designed to, among government involved in others, raise awareness on mental programming, coordinating, and health issues, correct the stigma and administrative entity in the field of discrimination associated with labor and employment. It has mental health conditions, identify primary responsibility for the and provide support for individuals at promotion of gainful employment risk and facilitate access of opportunities, the advancement of individuals with mental health workers’ welfare and promoting conditions to treatment and harmonious, equitable, and stable psychosocial support. employment relations. - The Philippine HIV and AIDS Some of the major agencies of the DOLE Policy Act (Republic Act No. 11166) that play major roles in the enforcement of also prohibits the rejection of job employment statutes and regulations applications, termination of include the: employment, or other discriminatory policies in hiring, provision of - Bureau of Labor Relations, which employment, and other related sets policies, standards and benefits, promotion or assignment of procedures on the registration and an individual solely or partially on the supervision of labor unions and their basis of actual, perceived or activities; suspected HIV status. This law also - National Conciliation and states that policies and practices Mediation Board, which handles that discriminate on the basis of conciliation, mediation, and perceived or actual HIV status, sex, voluntary arbitration of labor gender, sexual orientation, gender disputes; and identity and expression, age, - National Labor Relations economic status, disability and Commission, which is a ethnicity are deemed inimical to quasi-judicial agency that has national interest. original jurisdiction to adjudicate specific labor claims and disputes. - The Safe Spaces Act (Republic Act No. 11313) prohibits gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions.