Law on Labor-03

8/12/2019 Law on Labor-03

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JOHN JASPER C. MARASIGAN


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Labor Codeprincipal labor law of the country. But

even now, there are Labor Laws that are not found in

the Labor Code.


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Social Legislationthe promotion of the welfare ofall the people, the adoption by the government ofmeasures calculated to insure economic stability ofall the component elements of society thru themaintenance of proper economic and social

equilibrium in the interrelations of the members of thecommunity, constitutionally, thru the adoption ofmeasures legally justifiable, or extra-constitutionally,thru the exercise of powers underlying the existenceof all governments, on the time honored principle of

salus populi esta suprema lex (Calalang v. Williams,02 December 1940)


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Social Justicehumanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objective

secular conception may at least be approximated Labor Standardssets out the minimum terms, conditions, and benefits of

employment that

employers must provide or comply with and to which employees are entitled as a matter of legal right Labor Relationsdefines the status, rights and duties, as well as the institutional mechanisms that

govern the individual and collective interactions between employers, employees and their representatives


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Art. 3. Declaration of basic policy Afford protection to labor

Promote full employment

Ensure equal work opportunities regardless of

sex, race, or creed Regulate the relations between workers and

TIFF (Uncompressed) decompressor

Assure workers rights to self-

organization, collective bargaining, security of tenure, and just

and humane conditions of work


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1.right to organize

2.to conduct collective bargaining or negotiation

with management

3.to engage in peaceful concerted activities,including strike in accordance with law

4. to enjoy security of tenure

5. to work under humane conditions

6. to receive a living wage7. to participate in policy and decision-making

processes affecting their rights and benefits as

may be provided by law.


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All doubts in in the implementation andinterpretation of the provision of this codeincluding its implementing rules andregulations, shall be resolved in labor.


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When the interest of labor and capital collide, the

heavier influence of capital should be

counterbalanced with the sympathy and

compassion of law for the less privileged

workers. But protection to labor does not mean

oppression or destruction of capital. The

employersact will be sustained when it is in theright.[Eastern Shipping Lines v. POEA, 166

SCRA 523 (1998)]


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Court decisions adopt a liberal approach thatfavors the exercise of labor rights. The mandateis simply to resolve doubt in favor of labor. If

there is no doubt in implementing and interpreting

the law, labor will enjoy no built-in advantage andthe law will have to be applied as it is.

When the subject matter is covered by the Labor

Code, doubts which involve implementation and

interpretation of labor laws should be resolved infavor of labor, even if the question involves Rulesof Evidence.


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Management Rights / Prerogativeexcept aslimited by special laws, an employer is free toregulate, according to his own discretion and

judgment, all aspects of employment, including hiring,

work assignments, working methods, time, place and

manner of work, tools to be used, processes to befollowed, supervision of workers, working regulati

ons,transfer of employees, work supervision, lay-off ofworkers and the discipline, dismissal and recall ofworkers


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Lead agency in enforcing labor laws and it

possesses

rulemaking power in the enforcement

of the Code

But a rule or regulation that exceeds the

Departmentsrule-making authority is void.


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Applies alike to all workers, except asotherwise

provided by law, whether agricultural or non-

agricultural.Applies to a government corporation

incorporated

under the Corporation Code


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A The employer has the ability need not beactual)to exercise control over the following:1. Payment of WagesQuickTimeand aare needed to see this picture.

conclusion EER exists. Under Art. 97 of the

Labor Code, "wage" shall mean "however

designated, capable of being expressed interms of money, whether fixed or ascertainedon a time, task, price or commission basis"


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Wages are defined as remuneration orearnings, however designated, capable of

being expressed in terms of money, whether

fixed or ascertained on a time, task, piece or

commission basis, or other method of

calculating the same, which is payable by an

employer to an employee under a written or

unwritten contract of employment for work

done or to be done, or for services rendered

or to be rendered, and included the fair andreasonable value, as determined by the

Secretary of Labor, of board, lodging, or

other facilities customarily furnished by the

employer to the employee


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2.Hiring employment relation arises fromcontract of hire, express or implied

Selection and engagement of the

workers rests with the employersNot a conclusive test since it can be

avoided by the use of subcontracting

agreements or other contracts other than

employment contracts


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3.Firing disciplinary power exercised byemployer over the worker and the correspondi

ngsanction imposed in case of violation of any of

itsrules and regulations 4.Control, not only over the end product /RESULTof the work, but more importantly, control overthe MEANS through which the work isaccomplished


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Documents

Law on Labor-03