128153160 Labor Standards Azucena Notes PDF

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Summary

Labor legislation – statues, regulations & jurisprudence governing relations bet capital & labor, by providing for certain standards of terms & conditions of EENT or providing a legal framework w/in w/c these terms & conditions & the EENT relationship may be negotiated, adjusted ...

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Labor legislation – statues, regulations & jurisprudence governing relations bet capital & labor, by providing for certain standards of terms & conditions of EENT or providing a legal framework w/in w/c these terms & conditions & the EENT relationship may be negotiated, adjusted & administered. 2 Divisions of Labor Legislation 1. Labor Standards – sets out the minimum terms, conditions & benefits of EENT that EERS must provide or comply w/ & to w/c EES are entitled as a matter of legal right. - minimum requirements prescribed by existing laws, rules & regulations relating to wages, hrs of work, cost- of-living allowance and other monetary & welfare benefits, including occupational safety & health standards. - material or substance to be processed 2. Labor Relations – defines the status, rights & duties and the institutional mechanisms, that govern the indiv & collective interactions of EERS, EES, or their representatives. - mechanism that processes the substance

Labor – physical toil although it does not necessarily exclude the application of skill (thus ―skilled‖ & ―unskilled‖ labor) Skill – the familiar knowledge of any art/science, united w/ readiness & dexterity in execution/performance or in the application of the art/science to practical purposes. Work – (broader than labor) – covers all forms of physical/mental exertion, or both combined, for the attainment of some obj other than recreation/amusement per se. Worker – (broader than EE) – may refer to self-employed people & those working in the service & under the control of another, regardless of rank, title, or nature of work. - any member of the labor force whether employed/unemployed

Employee – a salaried person working for another who controls or supervises the means, manner or method of doing the work.

Labor Law & Social Legislation Social legislation – includes laws that provide particular kinds of protection/benefits to society in furtherance of social justice. 

Labor laws are necessarily social legislation

Social Justice as the Aim Social justice – humanization of laws & the equalization of social & economic forces by the State so that social justice in its rational & objectively secular conception may at leas be approximated - promotion of the welfare of the ppl, the adoption by the Govt of measures calculated to insure economic stability of all the component elements of society through the maintenance of proper economic & social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all govts. 1987 Consti: protects the rights of workers & promote their welfare Basic rights of workers guaranteed by the Constitution 1. to organize themselves 2. to conduct collective bargaining/negotiation w/ mgt; 3. to engage in peaceful concerted activities, including to strike in accordance w/ law; and 4. to participate in policy & decision-making processes affecting rights & benefits

Other Consti provisions that protect the Rs/promote the welfare of workers 

R to form unions, assocs or societies for purposes not contrary to law

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R of self-org even for govt EES.. No officer/Ee of the Civil Service shall be removed/suspended  for cause. Temporary EES of the Govt shall be given such protection as may be provided by law

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Regular farmworkers shall have the R to own directly/collectively the lands they till. Landless farmworkers may be resettled by the govt in its own agri estates.

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Continuing program of urban land reform & housing

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Protection for working women taking into acct their maternal functions, etc

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Labor sector is entitled to seats to party list

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Goal: more equitable distribution of opportunities, income

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Agency to promote the viability & growth of cooperatives as instruments

& wealth.

for social justice & economic dev’t 

Govt shall increase the salary scales of the other officials & EES

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Career civil service EES shall be entitled to separation pay & retirement benefits, OR may be considered for reemployment in the govt

Consti – prol-labor, but recognizes the indispensable role of the private sector, encourages private enterprise and provides incentives to needed investments Police Power as the Basis -

the power of the govt to enact laws, w/in Constitutional limits to promote the order, safety, health, morals & general welfare of society

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power inherent in govt to protect itself & all its constituents, & for this purpose to hold the govt immune so far as necessary, from any limitatins imposed in the past.

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An imposition of restraint upon liberty or property in order to foster the common good.

Birth of the LC Blas Ople -

father of the LC

LC – designed to be a dynamic & growing body of laws w/c will reflect continually the lessons of practical application & experience 7 Principles Underlying the code

1. Labor relations must be made both responsive & responsible to national devt 2. Labor laws/labor relations during a period of national emergency must substitute rationality for confrontation; strikes or lockouts give way to a rational process w/c is arbitration 3. Laggard justice in the labor field is injurious to the workers, the EERS & the public; labor justice can be made expeditious w/o sacrificing due process. 4. Manpower devt & EENT must be regarded as a major dimension of labor policy, for there can be no real equality of bargaining power under conditions of severe mass unemployment. 5. There is a global labor market available to qualified Filipinos, esp those who are unemployed or whose EENT is tantamount to unemployment bcoz of their very little earnings. 6. Labor laws must command adequate resources & acquire a capable machinery for effective & sustained implementation; when labor laws cannot be enforced, both EERS & the workers are penalized, & only a corrupt few (those who are in charge of implementation) may get the reward they don’t deserve. 7. There shld be popular participation in national policy-making through what is now called tripartism.

Some Labor Laws before the Passage of the Code 

Act #1874: EER’S Liability Act,

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Act #2549: prohibited payment of wages in non-cash form

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Act #2071: prohibiting slavery/involuntary servitude

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R #1054: requiring emergency medical treatmt for EES

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CA # 444: 8-hr labor law

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CA #103 created the Court of Industrial Relations (CIR)

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Pd #21 created the NLRC ( to investigate, decide & settle all disputes bet EERS & EES

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RA # 875: The Industrial Peace Act (the Magna Carta of Labor)

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RA #946: Blue Sunday Law – forbids commercial, industrial or agri enterprises to open on any Sunday, Xmas Day, New Year ’s Day, Holy Thurs & Good Friday.

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RA #1787: The Termination Pay Law – enumerated the just causes for terminating an EENT w/o a definite period and allowed EERS to separate an EE by serving a 15-day notice per yr of service or, by paying an equivalent separation pay.

Significance of Other Laws 1. Foreign Decisions – numerous LC provisions are substantially similar to the Industrial Peace Act 2. The Civil Code – describes the nature of labor mgt relations: ―The relations bet capital & labor are not merely contractual. They are so impressed w/ public interest that labor contracts must yield to the common good. such contracts are subj. to the special laws on labor unions, collective bargaining, strikes & lockouts, closed shop, wages, working conditions, hrs of labor & similar subjs. ‖ —Art 1700 ―Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public ‖ –Art 1701. 3. RPC – punishes the use of violence or threats by either EER or EE. 4. Special Laws – (SSS law, GSIS law, Agrarian Reform law, the 13th-month pay law, the Magna Carta for Public Health Workers)

Art 3. [Declaration of Basic Polici] The State shall afford protection to labor, promote full EENT, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations bet workers & EERS. The State shall assure the rights of workers to self-org, collective bargaining, security of tenure, and just & humane conditions of work. Balanced Approach – shared responsibility. Worker & EER sectors are interdependent.

Art4. [Construction in Favor of Labor] All doubts in the implementation & interpretation of the provisions of this Code, including its IRRs, shall be resolved in favor of labor. Interpretation & Construction – policy is to extend the decree’s applicability to a greater number of EES to enable them to avail of the benefits under the law (Liberal approach is adopted) Concern for the Lowly Worker – SC reaffirms its concern for the lowly worker who, often at his EER’s mercy, must look up to the law for his protection. (Reason: the EER stands on higher footing than the EE: (1,) There is greater supply than demand for labor; (2) the need for EENT by labor comes from vital & even desperate necessity.) Mgt Rights – entitled to respect & enforcement in the interest of simple fair play. 1. R to manage, control, and use his property & conduct business in a manner satisfactory to himself (just discrimination in the rate of wages paid to the skillful & to the unskillful, to the efficient & inefficient.) 2. R to prescribe rules (they become part of the contract of EENT) 3. R to select EES & to decide when to engage them, except as restricted by statute or valid contract, at a wage & under conditions agreeable to them. 4. R to transfer & discharge EES in order to minimize expenses & to insure stability of the business & even to close the business, provided it is done in good faith & due to causes beyond control. Art 5. [Rules & Regulations] the DOLE & other govt agencies charged w/ the administration & enforcement of this Code or any of its parts shall promulgate the necessary IRRs. Such RRs shall become effective 15 days after announcement of their adoption in the newspapers of gen. circulation.

Art 6. [Applicability] All Rs & benefits granted to workers under this Code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural. -

also applies to a govt corp incorporated under the Corporation Code.

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Test WON a govt-owned/-controlled corp is subj to CS Law is the manner of its creation. Govt corps created by special charter are subj to its provisions, while those incorporated under the gen Corp Law are not w/in the coverage of the CS law.

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PNOC-EDC – incorp under the Corp Law  subj to LC

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NHA – incorp under Act 1459, the former corp law  LC

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Govt agencies – Ees covered by CS Law

CH. 2: EMANCIPATION OF TENANTS Art 7 [Statement of Objectives] … it has become imperative to start reformation w/ the emancipation of the tiller of the soil from his bondage. Art 8: [Transfer of Lands to Tenant-workers] … tenant-farmers on private agri lands primarily devoted to rice & corn under a sys of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of apportion constituting a family-size farm of 5 hectares if not irrigated & 3 hectares if irrigated.. In all cases, the landowners may retain an area of not more than 7 hectares if such landowner is cultivating such area or will now cultivate it. Art 9. [Determination of Land Value] For the purpose of determining the cost of the land to be transferred to the tentant-farmer, the value of the land shall be equivalent to 2 & ½ times the average harvest of 3 normal crop yrs immediately preceding the promulgation of PD 27 (OCT 21, 1972). The total cost of the land, including interest at the rate of 6% per annum, shall be pd by the tenant in 15 yrs of 15 equal annual amortizations. In case of default, the amortizations due shall be pd by the farmers ’ cooperative in w/c the defaulting tenant-farmer is a member, w/ the coop having a right of recourse against him. The govt shall guarantee such amortizations w/ shares of stock in govtowned & -controlled corps.

Art 10. [Conditions of Ownership] No title to the land acquired by the tenantfarmer under PD 27 shall be actually issued to him unless & until he has become a full-fledged member of a duly recognized farmers’ coop. Title to the land acquired pursuant to PD 27 or the Land Reform Program of the Govt shall not be transferable except by hereditary succession or to the Govt in accdance w/ the provisions of PD 27, the Code of Agrarian Reforms & other existing laws & regulations. Art 11. [Implementing Agency] The Dept of Agrarian Reform shall promulgate the necessary rules & regulations to implement the provisions of this Chapter. *Land for the landless – battlecry dramatizing the increasingly urgent demand of the dispossessed for a plot of earth as their place under the sun. *CARP Law – signed by Cory, declaring full land ownership in favor of the beneficiaries of the PD 27. Share tenancy – abolished, put the agricultural leasehold sys in its stead, geared towards eventual ownership of land by its tillers Consti -

State shall undertake an Agrarian Reform Program, and encourage &

undertake the just distribution of all agri lands, subj to such priorities & reasonable retention limits as the Congress may prescribe, Compensation scheme: Sec 18 of CARP: Title to all expropriated properties shall be transferred to the State only upon full payment of compensation of their respective owners. Retention Limits – provided for by RA 6657 :  as otherwise provided.. no person may own/retain directly/indirectly, any public/private agri land, the size of w/c shall vary accdg to factors governing a viable family-sized farm, such as commodity produced, terrain, infrastructure, & soil fertility as determined by the Presidential Agrarian Reform Council (PARC). 3 hectares – may be awarded to each child of the landowner, subj to the ff qualifications: (1.) he is at least 15 y/o, and (2) he is actually tilling the land or directly managing the farm; Provided, that landowners whose lands have been covered b PD 27 shall be allowed to keep the area originally retained by them thereunder; Provided further, that orig homestead grantees or direct

compulsory heirs who still own the org homestead at the time of the approval of this Act shall retain the same areas as long as the continue to cultivate said homestead. Lands not covered 1. Lands obtained through homestead patent: Homestead Act – gives a needy citizen a piece of land where he may build a modest house for himself & family & plant what is necessary for subsistence & for the satisfaction of life’s other needs. - superior over the rights of tenants 2. Residential Subdivisions – not considered agricultural. An agricultural leasehold cannot be established on land w/c has ceased to be devoted to cultivation or farming bcoz of its conversion into a residential subd. 3. Livestock, poultry & Swine raising lands: Sec 2 of RA 6657 w/c includes ―private agri lands devoted to commercial livestock, poultry & swine raising‖ in the definition of ―commercial farms ‖ is invalid. They are covered by the agrarian reform prog of the State. ―The Greatest Blessing…The Worst Crime‖ – Frederick Taylor -

an increased output invariably gives more work to more men, & never in the history of the world has it more than temporarily, and then for only a very short time, diminished by the number of men at work in any trade

―The Greatest Exploiter‖ – Blas Ople -

unemployment is the greatest exploiter of labor. Mass unemployment tends to leave the EER all-powerful and the worker defenseless

―More Capital Means More Jobs‖ – Adam Smith -

2 kinds of funds: (1) the Revenue – w/c is over & above what is necessary for the maintenance; and (2) the Stock – w/c is over & above shat is necessary for the EENT of their masters.

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The demand for those who live by wages  necessarily increases w/ the increase of the revenue & stock of every country and cannot increase w/o it. The increase of revenue & stock is the increase of national wealth.

―An Exploited Class ‖ – J. Reynato Puno -

Overseas workers constitute an exploited class. Their unfortunate circumstance makes them easy prey to avaricious EERs. They will work under subhuman conditions & accept salaries below the minimum.

―9% of Filipinos are Based Overseas ‖—Ph Star

RA 6657 Comprehensive Agrarian Reform Program

Aim: A more equitable distribution & ownership of land, w/ due regard to the rights of landowners to just compensation & to the ecological needs of the nation Basis: the R of farmers & regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a share of the fruits thereof The State: -

shall respect the R of small landowners & shall provide incentives for voluntary land-sharing

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shall recognize the R of farmers, farm workers & landowners, as well as cooperatives & other independent farmers org, to participate in the planning, org, & mgt of the program & shall provide support to agriculture though tech & research & financial, production, marketing & other support services

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may resettle landless farmers & farm workers in its own agricultural estates

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shall encourage the formation & maintenance of economic-sized family farms to be constituted by indiv beneficiaries & small landowners

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shall protect the Rs of subsistence fishermen to the preferential use of communal marine & fishing resources both inland & offshore

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shall provide support to such fishermen thru appropriate tech & research, adequate financial, production & marketing assistance

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shall protect offshore fishing grounds of subsistence fishermen against foreign intrusion. Fisherworkers shall redeive a just share from their labor in the utilization of marine & fishing resources

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owners of agri land have the oblig to cultivate directly or thru labor admin the lands they own & thereby make the land productive.

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Shall provide incentives to landowners to invest the proceeds of the agrarian reform prog to promote industrialization, EENT & privatization of pub sector enterprises

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May lease undeveloped lands of pub domain to qualified entities for the devt of capital-intensive farms, traditional & pioneering crops esp those for export (subj. to Rs of beneficiaries)

Definitions 1. Agrarian Reform – the redistribution of lands, regardless of crops/fruits produced, to farmers & regular farm workers who are landless, irrespective of tenurial arrangemt, to include the totality of factors & support services designed to lift the economic status of the beneficiaries and all other arrangemts alternative to the physical redistribution of lands (production or profit-sharing, labor admin, distribution of shares of stock) 2. Agriculture, Agricultural Enterprise or Agricultural Activity – the cultivation of the soil, planting of crops, growing of fruit trees, incl. the harvesting of such farm products, & other farm activities 3. Agricultural land – land devoted to agricultural activity, and NOT classified as mineral, forest, residential, commercial or industrial land 4....