Constitutional Framework

7/31/2019 Constitutional Framework

1/15

MG 107-Labor Problems

College of Business Education

Session 1June 14 , 2012

SJGP Building

CONSTITUTIONAL FRAMEWORK


2/15

STATE POLICIES ON LABOR

1.To promote a just and dynamic social order

that will ensure the prosperity and

independence of the nation and free thepeople from poverty through policies that

provide adequate social services, promote full

employment, a rising standard of living and animporved quality of life for all. (Art II, Sec 9)


3/15

2. The State values the dignity of every humanperson and guarantees full respect for human

rights. (Art. II, Sec. 11)

workers are human beings who are

seeking to better their conditions they have feelings and ambitions

labor is a not a commodity but a humanbeing being embued with inalienable

rights to life, liberty and pursuit ofhappiness


4/15

3. The state recognizes the role of

womenin nation-building and shallensure the fundamental equalitybefore the law of women and men.

(Art. II, Sec. 14)

Promotion of equal rights for all

irrespective of sex, is one of theprinciples of the united nations


5/15

4. The state affirmslabor as aprimary social economic force. Itshall protect the rights of workersand promote their welfare.

(Art. II, Sec. 18)

Labor includes all those whoperform services for pay.

Includes farm laborers, mines,offices, transport services

Mangerial workers, teachers,doctors, lawyers and other

professional people.


6/15

5. Right to self-organization

The Bill of Rights provides that the

right of the people, including those

employed in the public or privatesectors, to form unions, associationsfor purposes not contrary to law

shall not be abriged. (Art III., Sec. 8)


7/15

6. Collective Bargaining

The essence of unionism iscollective bargaining. This refers tothe right of a labor union ororganization to represent as

exclusive agent of the employees

or workers in a bargaining unit.


8/15

7. Security of Tenure

Rightsof workers to continue intheir jobs, and they may not be

dismissed unless there is ajustand valid cause provided by law.(Art. XIII,Sec. 3)


9/15

8. Humane Working Conditions

Good working conditions mean goodhousing, availability of necessarytools and equipment, a well-plannedlayout, and ordinary things such as

good ventillation, adequate lighting

and controlled temperature arepresent.


10/15

9 Participative Management

The right of workers to participate inpolicy and decision-making

processes.

This contributes to the promotion ofindustrial peace.


11/15

STATUTES

WELFARELEGISLATION

LABOR RELATIONS

LABOR

STANDARDSLAWS


12/15

THE BIRTH OF THE LABOR

CODE

The writing of the code began in 1965 under theleadership of Mr. Blas Ople and regarded as thefather of the Labor Code.

The main objectivesof the Labor code:

To re-orient to the needs of economicdevelopment and justice inline with the ILO that

the elevation of real wages, incomes and livingstandards and economic expansion.

-


13/15

The road to the approval of the code

Considered the contributions of the different bureaus:

1. Department of Labor

2. Department of Industry

3. Board of Investment

4. UP Law Center5. Integrated Bar in the Philippines

6. Development Authority

7. Various trade centers

After 7 drafts and redrafts, the code was ratified by theNational Tripartite Congress on April 28, 1973 andsubmitted to the President on May 1, 1971 signed into law

as Presidential Decree No. 442.


14/15

The code article 2 says, it shall take effect six monthsafter its promulgation - November 1, 1974.

According to the Minister of Labor, the Code wasdesigned to be a dynamic and growing body of lawswhich will reflect continually the lessons of practical

application and experienced it happened.

The code was extensively amended (PD No. 570-A)even before it went to the effect on November 1,1974.

By mid 1989, the code had been amended by 18

Presidential Decrees, 10 executive orders, 4 BatasPambansa and 5 Re ublic Acts.


15/15

SOME LABOR LAWS BEFORE THEPASSAGE OF THE CODE

R.A. No. 875 passed in 1953, was the lawgoverning labor management relations

R.A. No. 946 The Blue Sunday Law, used to forbidcommercial, industrial or agricultural enterprises toopen on any Sunday, Christmas Day, New Years

Day, Holy Thursday and Good Friday.

R.A. No. 1787 - Termination Pay Law, enumeratesthe just causes for terminating an employees withouta definite a period and allows employers to separate

an employee by serving a 15 days notice .

Documents

Constitutional Framework