law on labor-03
TRANSCRIPT
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JOHN JASPER C. MARASIGAN
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Labor Codeprincipal labor law of the country. But
even now, there are Labor Laws that are not found in
the Labor Code.
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Social Legislationthe promotion of the welfare ofall the people, the adoption by the government ofmeasures calculated to insure economic stability ofall the component elements of society thru themaintenance of proper economic and social
equilibrium in the interrelations of the members of thecommunity, constitutionally, thru the adoption ofmeasures legally justifiable, or extra-constitutionally,thru the exercise of powers underlying the existenceof all governments, on the time honored principle of
salus populi esta suprema lex (Calalang v. Williams,02 December 1940)
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Social Justicehumanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objective
secular conception may at least be approximated Labor Standardssets out the minimum terms, conditions, and benefits of
employment that
employers must provide or comply with and to which employees are entitled as a matter of legal right Labor Relationsdefines the status, rights and duties, as well as the institutional mechanisms that
govern the individual and collective interactions between employers, employees and their representatives
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Art. 3. Declaration of basic policy Afford protection to labor
Promote full employment
Ensure equal work opportunities regardless of
sex, race, or creed Regulate the relations between workers and
TIFF (Uncompressed) decompressor
Assure workers rights to self-
organization, collective bargaining, security of tenure, and just
and humane conditions of work
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1.right to organize
2.to conduct collective bargaining or negotiation
with management
3.to engage in peaceful concerted activities,including strike in accordance with law
4. to enjoy security of tenure
5. to work under humane conditions
6. to receive a living wage7. to participate in policy and decision-making
processes affecting their rights and benefits as
may be provided by law.
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All doubts in in the implementation andinterpretation of the provision of this codeincluding its implementing rules andregulations, shall be resolved in labor.
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When the interest of labor and capital collide, the
heavier influence of capital should be
counterbalanced with the sympathy and
compassion of law for the less privileged
workers. But protection to labor does not mean
oppression or destruction of capital. The
employersact will be sustained when it is in theright.[Eastern Shipping Lines v. POEA, 166
SCRA 523 (1998)]
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Court decisions adopt a liberal approach thatfavors the exercise of labor rights. The mandateis simply to resolve doubt in favor of labor. If
there is no doubt in implementing and interpreting
the law, labor will enjoy no built-in advantage andthe law will have to be applied as it is.
When the subject matter is covered by the Labor
Code, doubts which involve implementation and
interpretation of labor laws should be resolved infavor of labor, even if the question involves Rulesof Evidence.
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Management Rights / Prerogativeexcept aslimited by special laws, an employer is free toregulate, according to his own discretion and
judgment, all aspects of employment, including hiring,
work assignments, working methods, time, place and
manner of work, tools to be used, processes to befollowed, supervision of workers, working regulati
ons,transfer of employees, work supervision, lay-off ofworkers and the discipline, dismissal and recall ofworkers
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Lead agency in enforcing labor laws and it
possesses
rulemaking power in the enforcement
of the Code
But a rule or regulation that exceeds the
Departmentsrule-making authority is void.
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Applies alike to all workers, except asotherwise
provided by law, whether agricultural or non-
agricultural.Applies to a government corporation
incorporated
under the Corporation Code
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A The employer has the ability need not beactual)to exercise control over the following:1. Payment of WagesQuickTimeand aare needed to see this picture.
conclusion EER exists. Under Art. 97 of the
Labor Code, "wage" shall mean "however
designated, capable of being expressed interms of money, whether fixed or ascertainedon a time, task, price or commission basis"
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Wages are defined as remuneration orearnings, however designated, capable of
being expressed in terms of money, whether
fixed or ascertained on a time, task, piece or
commission basis, or other method of
calculating the same, which is payable by an
employer to an employee under a written or
unwritten contract of employment for work
done or to be done, or for services rendered
or to be rendered, and included the fair andreasonable value, as determined by the
Secretary of Labor, of board, lodging, or
other facilities customarily furnished by the
employer to the employee
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2.Hiring employment relation arises fromcontract of hire, express or implied
Selection and engagement of the
workers rests with the employersNot a conclusive test since it can be
avoided by the use of subcontracting
agreements or other contracts other than
employment contracts
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3.Firing disciplinary power exercised byemployer over the worker and the correspondi
ngsanction imposed in case of violation of any of
itsrules and regulations 4.Control, not only over the end product /RESULTof the work, but more importantly, control overthe MEANS through which the work isaccomplished
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