2008 PRE-WEEK BAR EXAM NOTES ON LABOR LAW
By: Prof. JOSELITO GUIANAN CHAN
LABOR LAWS OF THE PHILIPPINES
PART - II
LAW ON LABOR STANDARDS
1. What is the protection-to-labor clause in the Constitution?
"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. chanrobles virtual law library
"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. chanrobles virtual law library
"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." (Section 3 (Labor), Article XIII [Social Justice and Human Rights] of the 1987 Constitution) chanrobles virtual law library
2. What are the basic principles enunciated in the Labor Code on protection to labor?
a. The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. chanrobles virtual law library
b. Labor contracts are not ordinary contracts as the relation between capital and labor is impressed with public interest. chanrobles virtual law library
c. In case of doubt, labor laws and rules shall be interpreted in favor of labor.
d. Labor Code applies to all workers, whether agricultural or non-agricultural.
e. Applicability of Labor Code to government-owned or controlled corporations:
• When created with original or special charter - Civil Service laws, rules and regulations;
• When created under the Corporation Code - Labor Code applies.
RECRUITMENT AND PLACEMENT OF WORKERS:
3. What is the relevant law on recruitment for overseas employment?
Migrant Workers and Overseas Filipinos Act of 1995 (R. A. No. 8042).
4. What are the entities authorized to engage in recruitment and placement? chanrobles virtual law library
a. public employment offices;
b. Philippine Overseas Employment Administration (POEA);
c. private recruitment entities;
d. private employment agencies;
e. shipping or manning agents or representatives;
f. such other persons or entities as may be authorized by the Secretary of Labor and Employment; and
