Beruflich Dokumente
Kultur Dokumente
Right to Self-Determination
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United Nations
-----------------------------------------------------------------------------------------------------------------------------------------
Labor rights
Right to Work Under Decent Working Conditions
International Covenant on Economic, Social and Cultural Rights
Article 6
1. The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he
freely chooses or accepts, and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full
realization of this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic, social and
cultural development and full and productive employment under conditions
safeguarding fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:
2
On Labor Rights
Protection to labor does not indicate promotion of employment alone. Under the
welfare and social justice provisions of the Constitution, the promotion of full
employment, while desirable, cannot take a backseat to the government's
constitutional duty to provide mechanisms for the protection of our workforce, local
or overseas. What concerns the Constitution more paramountly is that such an
employment be above all, decent, just, and humane. It is bad enough that the
country has to send its sons and daughters to strange lands because it cannot
satisfy their employment needs at home. Under these circumstances, the
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice,
subject only to the rules of the organization concerned, for the promotion and
protection of his economic and social interests. No restrictions may be placed on the
exercise of this right other than those prescribed by law and which are necessary in
a democratic society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and
the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than
those prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of the rights and
freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the
particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise
of these rights by members of the armed forces or of the police or of the
administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection
of the Right to Organize to take legislative measures which would prejudice, or
apply the law in such a manner as would prejudice, the guarantees provided for in
that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.
1987 Constitution Art XIII, Sec 3 (2)
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.
-----------------------------------------------------------------------------------------------------------------------------Case:
7
The 1987 Constitution, in the Article on Social Justice and Human Rights, provides
that the State "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"
"[t]he right to self-organization shall not be denied to government employees" [Art.
IX(B), Sec. 2(l) and (50)]. Parenthetically, the Bill of Rights also provides that "[tlhe
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
abridged" [Art. III, Sec. 8]. Thus, while there is no question that the Constitution
recognizes the right of government employees to organize, it is silent as to whether
such recognition also includes the right to strike.
On June 1, 1987, to implement the constitutional guarantee of the right of
government employees to organize, the President issued E.O. No. 180 which
provides guidelines for the exercise of the right to organize of government
employees. In Section 14 thereof, it is provided that "[t]he Civil Service law and
rules governing concerted activities and strikes in the government service shall be
observed, subject to any legislation that may be enacted by Congress." The
President was apparently referring to Memorandum Circular No. 6, s. 1987 of the
Civil Service Commission under date April 21, 1987 which, "prior to the enactment
by Congress of applicable laws concerning strike by government employees ...
enjoins under pain of administrative sanctions, all government officers and
employees from staging strikes, demonstrations, mass leaves, walk-outs and other
forms of mass action which will result in temporary stoppage or disruption of public
service." The air was thus cleared of the confusion. At present, in the absence of
any legislation allowing government employees to strike, recognizing their right to
do so, or regulating the exercise of the right, they are prohibited from striking, by
express provision of Memorandum Circular No. 6 and as implied in E.O. No. 180. [At
this juncture, it must be stated that the validity of Memorandum Circular No. 6 is not
at issue].
But are employees of the SSS covered by the prohibition against strikes?
"[t]he civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled
corporations with original charters" [Art. IX(B), Sec. .2(l) see also Sec. 1 of E.O. No.
180 where the employees in the civil service are denominated as "government
employees"] and that the SSS is one such government-controlled corporation with
an original charter, having been created under R.A. No. 1161, its employees are part
of the civil service [NASECO v. NLRC, G.R. Nos. 69870 & 70295, November 24,1988]
and are covered by the Civil Service Commission's memorandum prohibiting strikes.
This being the case, the strike staged by the employees of the SSS was illegal.
10
Bernardo Vs NLRC
The Magna Carta for Disabled Persons mandates that qualified disabled persons be
granted the same terms and conditions of employment as qualified able-bodied
employees. Once they have attained the status of regular workers, they should be
accorded all the benefits granted by law, notwithstanding written or verbal
contracts to the contrary. This treatment is rooted not merely on charity or
accommodation, but on justice for all.
respondent Far East Bank and Trust Company maintained that complainants who are
a special class of workers the hearing impaired employees were hired temporarily
under [a] special employment arrangement which was a result of overtures made
by some civic and political personalities to the respondent Bank; that
complainant[s] were hired due to pakiusap which must be considered in the light of
the context of the respondent Banks corporate philosophy as well as its career and
working environment which is to maintain and strengthen a corps of professionals
trained and qualified officers and regular employees who are baccalaureate degree
holders from excellent schools which is an unbending policy in the hiring of regular
employees; that in addition to this, training continues so that the regular employee
grows in the corporate ladder; that the idea of hiring handicapped workers was
acceptable to them only on a special arrangement basis; that it adopted the special
program to help tide over a group of handicapped workers such as deaf-mutes like
the complainants who could do manual work for the respondent Bank; that the task
of counting and sorting of bills which was being performed by tellers could be
assigned to deaf-mutes; that the counting and sorting of money are tellering works
which were always logically and naturally part and parcel of the tellers normal
functions; that from the beginning there have been no separate items in the
respondent Bank plantilla for sorters or counters; that the tellers themselves
already did the sorting and counting chore as a regular feature and integral part of
their duties (p. 97, Records); that through the pakiusap of Arturo Borjal, the tellers
were relieved of this task of counting and sorting bills in favor of deaf-mutes without
creating new positions as there is no position either in the respondent or in any
other bank in the Philippines which deals with purely counting and sorting of bills in
banking operations.
NLRC: petitioners could not be deemed regular employees under Article 280 of the
Labor Code. Complainants were hired as an accommodation to [the]
recommendation of civic oriented personalities whose employment[s] were covered
by xxx Employment Contract[s] with special provisions on duration of contract as
specified under Art. 80. Hence, as correctly held by the Labor Arbiter a quo, the
terms of the contract shall be the law between the parties
11
to Social Security
12
-----------------------------------------------------------------------------------------------------------------------------------------
Right to Education
International Covenant on Economic, Social and Cultural Rights
Article 13
1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of
the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the
maintenance of peace.
1987 Constitution
14
15