CHAPTER 1

CONSTITUTIONAL
FRAMEWORK OF
LABORMember:
Tumesa, Angelica
Velasco, Jovina J.
 OBJECTIVES:
● At the end of this chapter, ● Explain humane ● Illustrate just share
the learner will be able to: working conditions; and reasonable returns;
● Discuss the right to ● Examine participative ● Explain
organization of employees; management; comprehensive agrarian
● Define collective reform program;
● Discuss the right to
bargaining; ● Describe subsistence
strike;
● Describe security of fishermen.
tenure;
ARTICLE III-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 tolaw shall not
be abridged. (Bill of Rights-1987
Philippine Constitution)
 ARTICLE XIII-
SECTION 3.
• The State shall afford full
protection to labor, local
• It shall guarantee the rights of all workers
to self-organization, collective bargaining
and overseas, organized and negotiations, and peaceful concerted
and unorganized, and activties, including the right to strike in
promote full employment accordance with law. They shall be
and equality of ‘entitled to security of tenure, humane
employment opportunities conditions of work, and a living wage.
for all. They shall also participate in policy and
decision -making proceses affecting their
rights and benefits as may be provided by
 THE RIGHT TO SELF- ORGANIZATION
• Self-organization - is a process where some type of overall order or
coordination occurs from the local relations among the components of an
originally chaotic system.

• The right to self-organization in the end of workers and employers form join or
assist unions, organizations or associations for reason of collective bargaining
and negotiation as well as fine common assistance and protection. It also means
the privilege to employ peaceful combined activities or to join in policy and
decision-making processes concerning their rights and benefits,.
• An individual employee though desires to obtain better working conditions cannot bargain an
equal footing with employer, Having not enough resources to support himself and his family,
the fear to fail to make a contract and be dismissed in retaliation is always on his mind.
• In the Philippines everyone working in profit type of organizations like commercial, industrial
and agricultural enterprises can self-organize. This right is extended also to those working in
traditionally non-profit organizations like charitable, medical or educational institutions.
People categorized as ambulant, intermittent and itinerant workers, self-employed, rural
workers and those without any particular employers could also form their own organization
for the sake of shared and and defense for their rights.
• Employees under the Civil Service including those in the government owned and contrilled
corporations with original charter may also form their o organizations however, they cannot
bargain collectively for employment terms and conditions that are already fixed by law.
 THE COLLECTIVE BARGAINING
• It is a process of negotiation between employers and a group of employees (The Union)
with the primary goal of achieving a collective bargaining agreement to regulate
working conditions. Typically, the agreement, governs, employment relationship
including but not limited to wages, hours promotions, benefits and other employment
terms as well as procedures for handling grievances arising under it.
• Permits workers and employers to arrive at a voluntary agreement on an extensive sort
of topics. Yet, it is restricted to some point by existing laws of the country. What the law
disallows, a collective bargaining agreement on cannot carry out by contract.
Furthermore, the collective bargaining agreement is not purely voluntary. One party's
failure to achieve agreement warrants the other party to remedy the mistake using some
legal tactics, like strikes and lockouts, to apply economic pressure and force agreement.
 SECURITY OF TENURE OF AN
• Security of tenure is a political EMPLOYEE
science term which describes a constitutional or legal
guarantee that an employee cannot be removed from work apart from exceptional and
specified circumstances. It is treated as a constitutional right and civil right in the
Philippines.
• The standard form of security of tenure offered to employees is typically that they can
only be removed from work by either of two methods:
1. Dismissal from work subsequent to impeachment (a formal charge equivalent to
criminal indictment) by parliament, using weighted majorities (usually a two-thirds
majority)
2. Dismissal by courts for incapacity (mental, physical or psychological problems make
them no longer for the predictable future be able to perform in workplace).
• The Philippine Constitution provides guarantee of security of tenure which means that an
employee can only be removed from the service for just cause provided by law and just
following due process is accorded the employee. The two components of this lawful
provision are:
A. The legality of the steps taken for dismissal and
B. The legality in the approach of dismissal.
• Probationary employees who do not enjoy permanent status are also accorded the
constitutional protection of security of tenure. Though they do not enjoy permanency they
may only be terminated for just cause. Probationary employees when they otherwise fall
short to meet the criteria on becoming regular employees based on reasonable standards
revealed to them by the employer at the time of their appointment can be terminated.
 HUMANE WORKING CONDITIONS
• Humane working conditions are the focus of salaried work and employment
relationships.
• In the Philippines, humane working conditions envelop an extensive sort of topics and
issues like hours of work, rest periods, work schedules, compensation, social security,
employment status in addition to the physical environment and mental demands that are
present in the workplace.
• For most big organizations define humane working conditions means a harmless,
healthy and dirt free work environment with, fittingly lit work stations, clean drinking
water, sufficient restrooms, fire exits and vital fire safety equipment, emergency aid kits
and contact to emergency response including environmental, fire and medical.
• Companies may cause, contribute or be openly associated to the
following human rights impacts:
1. Employment of workers with no protection of a labor
2. Payment of wages under living wage standard
3. Unpaid or too much use of overtime contract
4. Prohibiting contracted mechanisms or temporary laborers from
benefits or grievance
5. failure to contribute to register workers in social security
payment
 PARTICIPATIVE
MANAGEMENT
Participative Management is strongly linked with the notion of
industrial democracy. Participative Management means
including employees in the process of decision making. It is
initiated on the idea that an employee should be given an
opportunity to participate in the decision making process of the
management when the employee invests his time and secures his
destiny to the workplace.
The following are the importance of participative management in an
organization:
1. Employees see themselves with the work, which directs to better
performance.
2 Employees experience motivation because they are involved in management.
3. This leads to self-worth, job satisfaction and collaboration of employees with
management.
4. It reduces conflict and stress, resulting in more commitment to goals and
better acceptance to change.
5. It results in improved communication as people jointly talks about work
problems.
 Here are some of the fundamentals for successful participation by employees
1. STRONG TRADE UNIONS- Having strong trade unions with creative and enlightened
leadership is essential for participation to do well.
2. POSITIVE ATTITUDE OF MANAGEMENT- The attitude of management must be
progressive and democratic. Suitable value should be provided to employee's views and
propositions.
3. COMPREHENSIBLE UNDERSTANDING OF OBJECTIVE- Employers and
employees as well should have obvious understanding of objectives of the participation.
Participative management should not develop into a formality.
4. EDUCATION AND TRAINING OF WORKERS - Employees and their representatives
ought to have satisfactory technical, financial and managerial knowledge
5. VOLUNTARY PARTICIPATION ADVANTAGEOUS - Participative management must
be voluntary and not obligatory. Employes voluntary participation largely controls the
success of participative management.
 RIGHT TO
STRIKEright and civil right is
The right to strike being a constitutional
recognized here in the country. The right to strike is a potential
weapon of employees against possible abuse of employers. The
Philippine law though does not favor strike (and also lockout)
because of its alarming and destructive effects on social order
and public interest.
• Profitable organizations like business establishments must
not experience production interruption or stoppage because
it would mean great loss. Capital investment on
machineries, factory facilities and other properties
associated with the business would become fruitless during
stoppage of work due to strike.
Five (5) key reasons why there is a need for the right to strike:
1. Striking is a last resort but sometimes the only tool for workers to
protect themselves.
2 To avoid being at the complete mercy of employers
3. To give more of a balance between worker and employer power.
4. Without it, more and more governments will ban industrial action and
punish people who dare to strike.
5. Most strikes are over pay and better working conditions. Without the
threat of strike action, corporations will be able to make bigger profits,
while working conditions will get worse.
 JUST SHARE AND
REASONABLE RETURN
Both employees and employers rights are recognized under the
Constitution to regulate and balance the relations between the two. A
just share to the fruits of one's labor is a right guaranteed to all
workers. This is the rationale behind minimum wage that must be
adequate to maintain the health of the employee to make possible a
decent life for the employee and his family and provide for and other
emergencies that may happen in future time.
On the other hand, the right of employer to reasonable return on his
investment is a connotation that the country has commitment to
promote free enterprise.
 COMPREHENSIVE AGRARIAN
REFORM PROGRAM
• The legal basis for CARP is the Republic Act No. 6657 known also as
Comprehensive Agrarian Reform Law (CARD) signed by President
Corazon C. Aquino on June 10, 1988. It is an act which aims to encourage
social justice and industrialization, offering the means for its
implementation, and for other purposes.
• Undertake the comprehensive agrarian reform program farmers and
regular farm workers who are landless have right to own directly or
collectively the lands they plow or, in the case of other farm workers, to
be given a just share of the fruits thereof. The Philippine government
shall promote and assume the fair sharing of the entire agricultural lands.
 SUBSISTENCE
PERFORMANCE
• The Philippine government shall safeguard the rights of subsistence
fishermen, particularly of local communities, to the privileged use of the
shared marine and fishing resources, both inland and offshore. It shall grant
support to such fishermen through suitable technology and research, ample
financial, production, and marketing assistance, and other services.
• The government shall as well defend, increase, and preserve such resources.
The protection shall broaden to offshore fishing grounds of subsistence
fishermen in opposition to foreign disturbance. Fish workers shall obtain a
reasonable share from their labor in the use of marine and fishing resources.
THANKYOU!
Member:
Tumesa, Angelica
Velasco, Jovina J.