LABOR (FLJ) I. OBJECTIVES AND CORRELATIONS OF LABOR LAW

A. Constitutional Basis of Labor Law

Art. II Sec. 9 The State shall promote a just and dynamic social order that will ensure

the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Sec. 10 The State shall promote social justice in all phases of national development.

Sec. 11 The State values the dignity of every human person and guarantees full respect for human rights.

Sec. 13 The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

Sec. 18 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Sec. 20 The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Art. III Sec. 1 No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Sec. 4 No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Sec. 7 The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Sec. 8 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.

Sec. 10 No law impairing the obligation of contracts shall be passed. Sec. 16 All persons shall have the right to a speedy disposition of their cases

before all judicial, quasi-judicial, or administrative bodies. Sec. 18(2) No involuntary servitude in any form shall exist except as a punishment

for a crime whereof the party shall have been duly convicted. Art. XIII Sec. 1 The Congress shall give highest priority to the enactment of measures that

protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

Sec. 2 The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance

Sec. 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 to investments, and to expansion and growth.

Sec. 13 The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.

Sec. 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.

B. Civil Code

Art. 19 Every person must, in the exercise of his rights and in the performance of his

duties, act with justice, give everyone his due, and observe honesty and good faith.

Art. 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.

Art. 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.

C. Labor Code

Art. 3 Declaration of basic policy Art. 4 Construction in favor of labor Art. 166 Policy Art. 211 Declaration of Policy Art. 212 Definitions

Art. 255 Exclusive bargaining representation and workers participation in policy and decision-making

Art. 277 Miscellaneous provisions

II. PRE-EMPLOYMENT (ARTS.12-42) A. Recruitment and Placement of Workers (Arts. 13-24, except as amended by E.O.

797) R.A. 8042 as amended by R.A. 10022 and its IRR

B. Regulation of Recruitment and Placement Activities (Arts. 25-36) 1. Local Employment regulated by BLE; licensing requirements and conditions 2. Overseas Employment regulated by POEA; licensing requirements and conditions 3. Realignment of Jurisdictions between POEA and NLRC 4. License v. Authority to Recruit 5. Illegal Recruitment as redefined by R.A. 8042 as amended

a. Two kinds of illegal recruiters b. Essential elements of illegal recruitment; in large scale or by syndicate c. Illegal recruitment as economic sabotage d. Simple illegal recruitment e. Illegal recruitment vs. estafa f. Liabilities for illegal recruitment - Solidary liability of local recruitment agency and foreign employer - Theory of imputed knowledge g. Other prohibited acts (Sec. 6, R.A. 8042) h. Suspension/cancellation of license (Art. 35-36) i. Closure by order of POEA j. Power to issue search or arrest warrants k. Pre-termination of employment contract l. Direct hiring