JOHN JASPER C.

MARASIGAN

Labor Code principal labor law of the country. But even now, there are Labor Laws that are not fo und in the Labor Code.

Social Legislation the promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the component elements of society thru the maintenance of proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, thru the adoption of measures legally justifiable, or extra-constitutionally, thru the exercise of powers underlying the existence of all governments, on the time honored principle of

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

Social Justice humanization 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 Standards sets 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 Relations defines the status, rights and duties, as well as the institutional mechanisms that govern the individual and collective interactions between employers, employees and their representatives

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 selforganization, collective bargaining, security of tenure, and just and humane conditions of work

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 wage 7. to participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

All doubts in in the implementation and interpretation of the provision of this code including its implementing rules and regulations, shall be resolved in labor.

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 employers act will be sustained when it is in the right. [Eastern Shipping Lines v. POEA, 166

SCRA 523 (1998)]

Court decisions adopt a liberal approach that favors the exercise of labor rights. The mandate is 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 and the 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 in favor of labor, even if the question involves Rules of Evidence.

Management Rights / Prerogative except as limited by special laws, an employer is free to regulate, according to his own discretion and judgment, all aspects of employment, including hir ing, work assignments, working methods, time, place a nd manner of work, tools to be used, processes to be followed, supervision of workers, working regulati ons, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers

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 Departments rule-making authority is void.

Applies alike to all workers, except as otherwise provided by law, whether agricultural or nonagricultural. Applies to a government corporation incorporated under the Corporation Code

A. The employer has the ability (need not be actual) to exercise control over the following:
1. Payment of Wages QuickTime and a are needed to see this picture. conclusion EER exists. Under Art. 97 of the Labor Code, "wage" shall mean "however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, price or commission basis"

Wages are defined as remuneration or earnings, 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 and reasonable value, as determined by the Secretary of Labor, of board, lodging, or other facilities customarily furnished by the employer to the employee

2. Hiring employment relation arises from contract of hire, express or implied Selection and engagement of the workers rests with the employers Not a conclusive test since it can be avoided by the use of subcontracting agreements or other contracts other than employment contracts

3. Firing disciplinary power exercised by employer over the worker and the correspondi ng sanction imposed in case of violation of any of its rules and regulations 4. Control, not only over the end product / RE SULT of the work, but more importantly, control over the MEANS through which the work is accomplished