CONSTITUTIONAL FRAMEWORK

MG 107-Labor Problems College of Business Education Session 1 June 14 , 2012 SJGP Building

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 the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an imporved quality of life for all. (Art II, Sec 9)

2. The State values the dignity of every human

person 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 human being being embued with inalienable rights to life, liberty and pursuit of happiness

3.

The state recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men. (Art. II, Sec. 14)
Promotion of equal rights for all irrespective of sex, is one of the principles of the united nations

The state affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. (Art. II, Sec. 18) Labor includes all those who perform services for pay. Includes farm laborers, mines, offices, transport services Mangerial workers, teachers, doctors, lawyers and other professional people.
4.

5. Right to self-organization

The Bill of Rights provides that the right of the people, including those employed in the public or private sectors, to form unions, associations for purposes not contrary to law shall not be abriged. (Art III., Sec. 8)

6.

Collective Bargaining

The essence of unionism is collective bargaining. This refers to the right of a labor union or organization to represent as exclusive agent of the employees or workers in a bargaining unit.

7.

Security of Tenure

Rights of workers to continue in their jobs, and they may not be dismissed unless there is a just and valid cause provided by law. (Art. XIII,Sec. 3)

8. Humane Working Conditions

Good working conditions mean good housing, availability of necessary tools and equipment, a well-planned layout, and ordinary things such as good ventillation, adequate lighting and controlled temperature are present.

9 Participative Management

The right of workers to participate in policy and decision-making processes.

This contributes to the promotion of industrial peace.

CLASSIFICATION OF LABOR STATUTES

LABOR STANDARDS LAWS

WELFARE LEGISLATION

LABOR RELATIONS

THE BIRTH OF THE LABOR CODE

The writing of the code began in 1965 under the

leadership of Mr. Blas Ople and regarded as the father of the Labor Code. The main objectivesof the Labor code:
To re-orient to the needs of economic development and justice inline with the ILO that the elevation of real wages, incomes and living standards and economic expansion. -

The road to the approval of the code

Considered the contributions of the different bureaus:

1. 2. 3. 4. 5. 6. 7.

Department of Labor Department of Industry Board of Investment UP Law Center Integrated Bar in the Philippines Development Authority Various trade centers

After 7 drafts and redrafts, the code was ratified by the

National Tripartite Congress on April 28, 1973 and submitted to the President on May 1, 1971 signed into law as Presidential Decree No. 442.

 The code article 2 says, it shall take effect six months

after its promulgation - November 1, 1974.

According to the Minister of Labor, the Code was

designed to be a dynamic and growing body of laws which 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 Batas Pambansa and 5 Republic Acts.

SOME LABOR LAWS BEFORE THE PASSAGE OF THE CODE

R.A. No. 875 passed in 1953, was the law

governing labor management relations

R.A. No. 946 The Blue Sunday Law, used to forbid

commercial, industrial or agricultural enterprises to open on any Sunday, Christmas Day, New Years Day, Holy Thursday and Good Friday.
R.A. No. 1787 - Termination Pay Law, enumerates

the just causes for terminating an employees without a definite a period and allows employers to separate an employee by serving a 15 days notice .