Labor Protection Clause of 1987 Constitution

Article II, DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 9. The State shall 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 improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare.

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and
provides incentives to needed investments.

ARTICLE III, BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

Section 8. The 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 be abridged.

Article IX-B, THE CIVIL SERVICE COMMISSION

Section 2.
3. No officer or employee of the civil service shall be removed or suspended except for cause provided by law.
5. The right to self-organization shall not be denied to government employees.
6. Temporary employees of the Government shall be given such protection as may be provided by law.

ARTICLE XIII, SOCIAL JUSTICE AND HUMAN RIGHTS

Section 3. 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.

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.
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 to investments, and to
expansion and growth.

Section 14. The State shall protect working women by providing safe and healthful working conditions, taking
into account their maternal functions, and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.
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.

“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.

“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)

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.

b. Labor contracts are not ordinary contracts as the relation between capital and labor is impressed with public
interest.
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.