LABOR LAW

What is Labor?

Labor

• It may refer to the activity, in which case it is service or work; the exertion of physical or mental effort, or both to the production of goods and services.
• It may refer to the working class - the sector which derives its livelihood chiefly from rendition of work or services in exchange for compensation.
• It may also refer to the labor force. The group or portion of the population which is employed or capable of being employed in productive work. You will therefore include not only those already employed but also the unemployed/under-employed.

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Labor is further capable of being classified as:

Labor Legislation

• Consists of statutes, regulations and jurisprudence governing the relations the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment.

What is the purpose of labor legislation?

Purpose of Labor Legislation

Labor legislation is an exercise of police power. The purpose of labor legislation is to regulate the relations between employers (Ers) and employees (Ees) respecting the terms and conditions of employment, either by providing for certain standards or for a legal framework within which better terms and conditions of work could be negotiated through CB. It is intended to correct the injustices inherent in Er‐Ee relationship.

CASES

In Philippine Association of Service Exporters, Inc. vs. Drilon

The SC upheld a department order banning deployment of Filipinas as domestics. PASEI complained that this violated equal protection. Why single out Filipinas? Why was it not applicable to Filipinos?

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The SC said this rested on a substantial distinction. Reports from overseas and in the press showed that abuses against Filipina domestics was rampant. There were no such reports regarding male domestics.

In Philippine Association of Service Exporters, Inc. vs. Drilon

PASEI then says this violates the right to travel, obligations of contracts and their right to participate in policy and decision-making processes affecting their rights and duties. The SC said the order was in the nature of a police power measure - to protect OFWs from abuses. Those rights are subject to a valid exercise of police power

JMM Promotion and Management vs. CA

August 15, 1996, the problem concerned a POEA requirement that applicants for jobs as entertainers first had to present proof of academic and artistic skills before their Artist Record Book could be processed. JMM Promotion complained that violated the obligation of their contracts as several of those they had contracted for may not be able to return abroad.

JMM Promotion and Management vs. CA

The SC said the rule was a valid exercise of police power. We take judicial notice of the fact that most of our women, a large number employed as domestic helpers and entertainers, worked under exploitative conditions marked by physical and personal abuse. Many ended up as prostitutes abroad. The intent was to require that those who wanted to become artists abroad had reasonable artistic and educational skills defore they could be deployed. The welfare of Filipino performing artists, particularly the women, was in mind.

JMM Promotion and Management vs. CA

This is consistent with the protection to labor clause in the constitution. Protection to labor does not indicate promotion of employment alone. The promotion of full employment cannot take a backseat to the government’s constitutional duty to provide mechanisms for protection of our workforce local or overseas.

Their assertion of property rights must therefore yield to police power. Under police power, the right to engage in a profession may be subject to reasonable restriction.

Is there any distinction between labor legislation and social legislation?

Labor legislation

• focuses on the rights of the worker in the workplace
• statutes, like Labor Relations Law and Labor Standards, and the latter to Social Security Laws. Labor legislation focuses on the rights of the worker in the workplace

Social legislation

• is a broad term and may include not only laws that give social security protection, but also those that help the worker secure housing and basic necessities
• The Comprehensive Agrarian Reform Law could also be considered a social legislation. All labor laws are social legislation, but not all social legislation is labor law.

What are the classifications of labor law?

Labor standards

The minimum terms and conditions of employment prescribed by existing laws, rules and regulations relating to wages, hours of work, cost‐of‐ living allowance and other monetary and welfare benefits. (Batong Buhay Gold Mines, Inc. v. Dela Serna, G.R. No. 86963, August 6,1999)

Labor relations

Defines and regulates the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of Ers, Ees, or their representatives. It is concerned with the stabilization of relations of Er and Ees and seek to forestall and adjust the differences between them by the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation and arbitration.

Social legislation

– It includes laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice

Sources of labor laws

1. Labor Code and other related special legislation

2. Contract

3. Collective Bargaining Agreement

4. Past practices

5. Company policies