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PHR 5 Labor Law and Legislations

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23 views16 pages

PHR 5 Labor Law and Legislations

Uploaded by

Kc Lanzo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PHR 5 – Labor

Law and
Legislations
PREPARED BY:
CAREN J. MACEREN
The Civil Code provisions
on labor
Presidential Decree 442 –
Labor Code of the
Philippines as amended in
May 1, 1974
Chapter I – Article 3. Declaration of basic policy
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.
Republic Act No. 386 – Civil Code of the Philippines
enacted last June 18, 1949.
Article 1700. The relations between capital and labor are not merely
contractual. They are so impressed with public 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.
Republic Act No. 386 – Civil Code of the Philippines
enacted last June 18, 1949.

Article 1702. In case of


doubt, all labor
legislation and all labor
contracts shall be
construed in favor of the
safety and decent living
1987 Philippine Constitution under Article XIII –
Section 3
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
What is social justice in Labor Law?
In the context of labor and
employment, social justice ensures
that “those who have less in life must
have more in law.”

Between labor and capital, the


employees are usually at an economic
disadvantage against the employer
who wields a powerful right –
What is social justice in Labor Law?
Thus, when it comes to just cause
termination, the Courts ensure that
the employers observe the
requirements of due process
considering that the livelihood of the
employee is at stake. As dismissal is
the ultimate form of penalty, the
employers are reminded to impose it
only as a last resort and when grounds
are serious and true.
Existence of Employer-Employee Relationship
The elements to determine the existence
of an employment relationship are:
(1) the selection and engagement of the
employee;
(2) the payment of wages;
(3) the power of dismissal;
(4) the employer's power to control the
employee's conduct.
What is an Employer-employee relationship?
An employer/employee relationship, then,
is the way an employer (either an
individual or an entity) and employees
view and treat one another in a work
setting.

From the moment a person signs his or


her employment contract, a relationship
starts to develop between that employee
The Importance of the Employer-Employee
Relationship
The relationship between employer and
employee is primarily determined by the
actions and attitudes of the employer.
The atmosphere that the employer desires to
create will, therefore, determine whether the
employer/employee relationships are healthy
and productive.
According to Nesco Resource, “When
employees have a strong, healthy relationship
with their employers, the entire company
benefits. Studies show that employees who
Under the Civil Code the following Articles binds the
employer-employee relationship;
Article 1705. The laborer's wages shall be
paid in legal currency.
Article 1706. Withholding of the wages,
except for a debt due, shall not be made by the
employer.
Article 1709. The employer shall neither seize
nor retain any tool or other articles belonging
to the laborer.
Article 1710. Dismissal of laborers shall be
subject to the supervision of the Government,
under special laws.
Under the Civil Code the following Articles binds the
employer-employee relationship;
Article 282 of the Labor Code, an employer
may terminate an employee for the
following just causes:
Serious misconduct or willful
disobedience by the employee of lawful
orders12.
Gross and habitual neglect of duties
Under the Civil Code the following Articles binds the
employer-employee relationship;
Article 1711. Owners of enterprises and
other employers are obliged to pay
compensation for the death of or injuries
to their laborers, workmen, mechanics or
other employees, even though the event
may have been purely accidental or
entirely due to a fortuitous cause, if the
death or personal injury arose out of and in
the course of the employment.
Under the Civil Code the following Articles binds the
employer-employee relationship;
Article 1712. If the death or injury is due
to the negligence of a fellow worker, the
latter and the employer shall be solidarily
liable for compensation. If a fellow
worker's intentional or malicious act is the
only cause of the death or injury, the
employer shall not be answerable, unless it
should be shown that the latter did not
exercise due diligence in the selection or
supervision of the plaintiff's fellow worker.
Under the Civil Code the following Articles binds the
employer-employee relationship;
Under Section 3 - Contract for a
Piece of Work
Article 1713. By the contract for a
piece of work the contractor binds
himself to execute a piece of work
for the employer, in consideration of
a certain price or compensation.
The contractor may either employ
only his labor or skill, or also
furnish the material.

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