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Arellano University School of Law

Labor Law 1: Labor Standards (Week 1)

By MIDZFAR H OMAR

I. Fundamental Principles and Policies Section 10. No law impairing the obligation of contracts
shall be passed.
A. Constitutional provisions Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial,
1. Article II, Secs. 9, 10, 11 ,13 ,14, 18, 20 or administrative bodies.

DECLARATION OF PRINCIPLES AND STATE POLICIES Section 18. (2) No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the party
STATE POLICIES shall have been duly convicted.
Section 9. The State shall promote a just and dynamic
3. Article XIII, Secs. 1, 2, 3, 13, 14
social order that will ensure the prosperity and
independence of the nation and free the people from poverty SOCIAL JUSTICE AND HUMAN RIGHTS
through policies that provide adequate social services,
promote full employment, a rising standard of living, and Section 1. The Congress shall give highest priority to the
an improved quality of life for all. enactment of measures that protect and enhance the right of
all the people to human dignity, reduce social, economic,
Section 10. The State shall promote social justice in all and political inequalities, and remove cultural inequities by
phases of national development. equitably diffusing wealth and political power for the
common good.
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights. To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
Section 13. The State recognizes the vital role of the youth
increments.
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well- Section 2. The promotion of social justice shall include the
being. It shall inculcate in the youth patriotism and commitment to create economic opportunities based on
nationalism, and encourage their involvement in public freedom of initiative and self-reliance.
and civic affairs.
LABOR
Section 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality Section 3. The State shall afford full protection to labor,
before the law of women and men. local and overseas, organized and unorganized,
and promote full employment and equality of employment
Section 18. The State affirms labor as a primary social opportunities for all.
economic force. It shall protect the rights of workers and
promote their welfare. It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and
Section 20. The State recognizes the indispensable role of peaceful concerted activities, including the right to strike in
the private sector, encourages private enterprise, and accordance with law. They shall be entitled to security of
provides incentives to needed investments. tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making
2. Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2) processes affecting their rights and benefits as may be
BILL OF RIGHTS provided by law.

Section 1. No person shall be deprived of life, liberty, or The State shall promote the principle of shared
property without due process of law, nor shall any person responsibility between workers and employers and the
be denied the equal protection of the laws. preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual
Section 4. No law shall be passed abridging the freedom of compliance therewith to foster industrial peace.
speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government The State shall regulate the relations between workers and
for redress of grievances. employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to
Section 7. The right of the people to information on matters reasonable returns to investments, and to expansion and
of public concern shall be recognized. Access to official growth.
records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government Section 13. The State shall establish a special agency for
research data used as basis for policy development, shall be disabled persons for their rehabilitation, self-development,
afforded the citizen, subject to such limitations as may be and self-reliance, and their integration into the mainstream
provided by law. of society.

Section 8. The right of the people, including those employed WOMEN


in the public and private sectors, to form unions, Section 14. The State shall protect working women by
associations, or societies for purposes not contrary to law providing safe and healthful working conditions, taking
shall not be abridged. 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 2. PAL v. NLRC and PALEA. August 13, 1993
the nation.

4. Article IX, B-Section 2 (1)

Constitutional Commissions

B. THE CIVIL SERVICE COMMISSION

Section 2. (1) The civil service embraces all branches,


subdivisions, instrumentalities, and agencies of the
Government, including government-owned or
controlled corporations with original charters.

B. Civil Code

1. Article 19

Art. 19. Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.

2. Article 1700 II. Kinds of Employment

SECTION 2. - Contract of Labor (n) A. Employer-employee relationship

Art. 1700. The relations between capital and labor are not 1. LVN Pictures Inc. v. Phil. Musicians Guild (110 Phil
merely contractual. They are so impressed with public 725)
interest that labor contracts must yield to the common
good. Therefore, such contracts are subject to the special
laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of
labor and similar subjects.

3. Article 1702

Art. 1702. In case of doubt, all labor legislation and all


labor contracts shall be construed in favor of the safety and
decent living for the laborer.

Cases Notes:

Labor Code

1. WPP Marketing Communications, Inc. et. al. v. Jocelyn


M. Galera. March 25, 2010

2. DyKehBeng v. International Labor (90 SCRA 161)


3. Corporal v. NLRC (341 SCRA 658, 2000) 6. Javier v. Flyace Corp (February 15, 2012)

4. People’s Broadcasting v. Sec. of Labor (March 6, 2012) Four-fold test

1. Sonza v. ABS-CBN (GR 138051, June 10, 2004)

5. Francisco v. NLRC (GR 170087, Aug. 31, 2006) 2. Orozco v. The Fifth Division (August 13, 2008)
Probationary Regular

1. Mariwasa Manufacturing Inc. v. Leogardo (169 SCRA 1. ABS-CBN Broadcasting Corp. v. Marlyn Nazareno et. al
465) (GR 164156, September 26, 2006)

2. Abbott Laboratories v. Alcaraz (July 23, 2013) 2. Purefoods Corp. v. NLRC (283 SCRA 133)