Labor Laws
What is the constitutional basis for labor law?
Labor laws are enacted under the police powers of the state. State power to pass laws to promote the general welfare. This may limit existing rights.
What is the constitutional basis for labor law?
Likewise, under the social justice provisions, the state shall guarantee its of all workers to self-organization, collective bargaining and negotiation, peaceful conceited activities, and right to strike according to law. They shall be entitled to security of tenure, humane conditions of work and living wage. They shall participate in policy and decision making processes affecting their rights and benefits as may be provided by law. (Art. 13, Sec. 3) It contemplates equitable diffusion of wealth and political power (National Service Corp. v. NLRC, Nov. 29, 1988)
What is the principle of codetermination
The principle of codetermination is one which grants to the workers the right to participate in policy and decision making processes affecting their rights and benefits (Art. 255, Labor Code).
Art. 255. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.
Constitutional Rights and Mandates
Philippine Constitution
Section 18, Article II The State affirms labor as a primary social economic force. It shall protect the right of the workers and promote their welfare.
Bernardo vs. NLRC, G.R. No. 122917, July 12, 1999
the SC held that the Magna Carta for Disabled Persons mandates that qualified disabled persons be granted the same terms and conditions of employment as qualified ablebodied employees; thus, once hey have attained the status of regular workers, they should be accorded all the benefits granted by law, notwithstanding written or verbal contracts to the contrary. This treatment is rooted not merely in charity or accommodation, but in justice for all.
Constitutional Rights and Mandates
ART 12. SECTION 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.
Article XII, Section 10 (nationalization of business) FILIPINO FIRST POLICY�
The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum (60%) of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments.
The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.
Philippine Constitution
Sec. 8, Article III The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged
Right to Form associations
Right to Form associations—shall not be impaired without due process of law; guarantees the right not to join an association. (Sta. Clara Homeowners Association vs. Gaston, G.R. No. 141961, January 23, 2002)
CASE #1
Jacinto vs. CA, 281 SCRA 657, the SC held that petitioners were not penalized for the exercise of their right to assemble peacefully and to petition the government for a redress of grievances. Rather, the Civil Service Commission found them guilty of conduct prejudicial to the best interest of the service for having absented themselves without proper authority, from their school during regular school days, in order to participate in the mass protest, their absence ineluctably resulting in the non-holding of classes and in the deprivation of students of education, for which they were responsible
CASE
Had petitioners availed themselves of their free time—recess, after classes, weekends or holidays—to dramatize their grievances and to dialogue with the proper authorities within the bounds of law, no one—not the DECS, the CSC or even the SC—could have held them liable for the valid exercise of their constitutionally guaranteed rights. As it was, the temporary stoppage of classes resulting from their activity necessarily disrupted public services, the very evil sought to be forestalled by the prohibition against strikes by government workers. Their act by their nature was enjoined by the Civil Service Law, rules and regulations, for which they must, therefore, be made answerable.
CASE #2
GSIS vs. Kapisanan ng mga Manggagawa sa GSIS, G. R. No. 170132, December 6, 2006, it was against the backdrop of the provisions of the Constitution that the Court resolved that employees in the public service may not engage in strikes or in concerted and unauthorized stoppage of work; that the right of government employees to organize is limited to the formation of unions or associations, without including the right to strike. It may be, as the appellate court urged, that the freedom of expression and assembly and the right to petition the government for a redress of grievances stand on a level higher than economic and other liberties
Constitutional Rights and Mandates
Art 3. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
Right against Involuntary Servitude
It is a condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not.
General Rule:
General Rule: No involuntary servitude shall exist.
Exceptions:
1. As punishment for a crime whereof one has been duly convicted;
2. Service in defense of the State;
3. Naval enlistment;
4. Posse commitatus;
5. Return to work order in industries affected with public interest; and
6. Patria potestas.
Constitutional Rights and Mandates
ART 13. SECTION 3. 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.
Constitutional Rights and Mandates
Art. 13. Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
Philippine Constitution
Section 14, Article II (Equality of Women and Men)
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
CASE
PT&T Co. vs. NLRC, G.R. No. 118978, May 23, 1997, the SC held that the petitioner’s policy of not accepting or considering as disqualified from work any woman worker who contracts marriage, runs afoul of the test of, and the right against, discrimination, which is guaranteed all women workers under the Constitution. While a requirement that a woman employee must remain unmarried may be justified as a “bona fide occupational qualification” where the particular requirements of the job would demand the same, discrimination against married women cannot be adopted by the employer as a general principle.
Civil Code
Civil Code
Article 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.
CASE
Servidad v. NLRC
1998 March 18, GR No 128682
FACTS
Servidad was employed on 9 May 1994 by respondent INNODATA as Data Control Clerk, under a contract of employment. Section 2 of such contract states: “This Contract shall be effective for a period of one (1) year commencing on 10 May1994 until 10 May 1995 unless sooner terminated pursuant to the provisions hereof.”
Petitioner was a contractual employee for six months or from the period of May 10, 1994 to November 10, 1994 during which, the employer can terminate with due notice. The contract also states that should the employee continue his employment beyond the 6-month period, he shall become a regular employee upon demonstration of sufficient skill. On November 9, 1995 or one day before his contractual terms ends, he was made to sign a three-month probationary employment and later, an extended three-month employment good until 9 May 1995.Petitioner was terminated on May 9, 1995 and filed an illegal dismissal complaint before the Labor Arbiter.
ISSUE/QUESTION
Whether or NOT the contract entered into by the petitioner and respondent is valid and enforceable.
HELD
Similarly telling is the case of Pakistan Airlines Corporation vs. Pole, et al. There, it was said:
. . . the governing principle is that the parties may not contract away applicable provisions of law especially peremptory provisions dealing with matters heavily impressed with public interest. The law relating to labor and employment is clearly such an area and parties are not at liberty to insulate themselves and their relationships from the impact of labor laws and regulations by simply contracting with each other. . . .
HELD
The NLRC found that the contract in question is for a fixed term. The said contract provides for two periods. The first period was for six months terminable at the option of private respondent, while the second period was also for six months but probationary in character. In both cases, the private respondent did not specify the criteria for the termination or retention of the services of petitioner. It is violative of the right of the employee against unwarranted dismissal. By the provisions of the very contract itself, petitioner has become a regular employee of private respondent.
As to the private respondent statement that the one-year period stipulated in subject contract was to enable petitioner to acquire the skill necessary for the job. In effect, what respondent employer theorized upon is that the one-year term of employment is probationary. If the nature of the job did actually necessitate at least one year for the employee to acquire the requisite training and experience, the same could not be a valid probationary employment as it falls short of the requirement of Article 281[10] of the Labor Code. It was not brought to light that the petitioner was duly informed at the start of his employment, of the reasonable standards under which he could qualify as a regular employee.
Civil Code
Article 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.
Art. 1703 – No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid
Article 1705. The laborer's wages shall be paid in legal currency.
Article 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
Article 1707. The laborer's wages shall be a lien on the goods manufactured or the work done.
Civil Code
Article 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance.
Article 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer.
Article 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.
Revised Penal Code
REVISED PENAL CODE
Article 289. Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats
Elements
1. Offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work;
2. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers.
Special laws
a. GSIS Law
b. 13th Month Pay Law
c. Retirement Pay Law
d. SSS Law
e. Paternity Leave Act
f. Anti – Child Labor Act
g. Anti – Sexual Harassment Act
h. Magna Carta for Public Health
Workers
i. Solo Parents Welfare Act of 2000
j. National Health Insurance Act as
amended by R.A. 9241
k. Migrant Workers and Overseas
Filipinos Act of 1995 as amended by
RA 10022
l. PERA Act of 2008
m. Home Development Mutual Fund
Law of 2009
n. The Magna Carta of Women
o. Comprehensive Agrarian Reform Law
as amended by R.A. 9700