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Miranda, Wayne Leigh G.

3A

3 February 2016
Labor Law II- Atty. Azucena

The Symbiotic Relationship of the Employer and the Employees


During our childrens elementary education, they are taught that some living things
depend on each other in order to live. The most famous example would always be about the
flower and the honeybee. The honeybee survives by flying from one flower to another, feeding
on the pollen from such plants. In turn, as a natural consequence, the flowers get pollinated
which causes them to bloom faster. The relationship between an employer and his employees can
be likened to this natural phenomenon: SYMBIOTIC. In a general sense, employers need his
employees in order for the business to run while employees, among other things, depend on the
wages or salaries from their employer in order to provide for their daily needs and of their
respective families. For this symbiotic relationship to work, there are certain rights and duties
that are expected from both parties. These are not only deeply rooted in natural law and basic
rules on human relations, but are now integrated and formalized as statutory through the
legislative department, such that any act or omission in violation of these rights and duties has
corresponding repercussions from the law.
The Constitution, which is the fundamental law of the land, affirms labor as a primary
social economic force and the State vows to protect the rights of workers and promote their
welfare1. The Labor Code supplements and strengthens such provision by providing more
specific rights and obligations not only exclusive and limited to the labor sector but it likewise
recognizes the importance of employers and likewise grants corresponding rights and obligations
upon them.
1 PHIL. CONST. ART II, 18.

First, in order to achieve industrial peace, employers must ensure that the company rules
and regulations are reasonable and upon the commencement of work, the employee has the right
to be informed of these rules. Employers are not authorized to have unbridled discretion to
impose unreasonable and outrageous company policies that would trample upon the employees
rights. On the other hand, employees are expected to follow the reasonable rules and regulations
or else, the employer can validly terminate the services of the employee, upon fulfillment of the
conditions provided by law.
Second, employees can join or form labor organizations or unions and consequently, use
them for the purpose of collective bargaining in order to enforce their rights under the law and
receive the full benefits which the law entitles them. Employers have the duty to respect these
rights such that they cannot restrict or discriminate against or unduly coerce employees and
workers who choose to exercise the rights granted upon them by law. The right of the employees,
however, is not without limitations. The law provides that in case of picketing, employees are not
allowed to commit any act of violence, coercion or intimidation or obstruct the free ingress to or
egress from the employers premises or public thoroughfares. Both parties must exercise their
rights in accordance with law in order to maintain an atmosphere of freedom and mutual respect.
Third, the law grants upon employees the right to strike. In cases where employees do not
agree with a specific rule, action or order of their employer, they may validly engage in such
peaceful concerted activity so that their grievances may be heard. The operative word in the
previous sentence is peaceful such that employees may not resort to violent activities and
vulgar words in expressing their sentiments. During the course of the strike, the employers are
not allowed to employ strikebreakers, or those employed to keep the business running in place of
the striking employees. In this situation, employers are not totally disregarded by law because as

a corresponding right, they have the authority to remove or terminate an employee who
participates in an illegal strike or who performs any illegal act during the course of the strike.
Lastly, employees are entitled to security of tenure. They may only be terminated for just
and authorized causes as specifically provided by law. Employers are required by law to observe
due process: to furnish the employee two written notices and to give him/her ample opportunity
to be heard and defend himself/herself. Upon satisfaction of all the conditions provided by law,
the employer may terminate said employee. If the termination was found to be invalid, the
employees are entitled to reinstatement with full backwages. On the contrary, if the termination
was validly made, the employees are still entitled for those wages and other benefits they may
have legitimately earned during the course of employment. And if they are qualified under the
companys retirement program, they must be given their corresponding benefits.
Having enumerated some of the notable rights and duties of both employers and
employees, it is important to stress once more that the relationship between the two parties is one
of give-and-take. One cannot survive without the other. The honeybees cannot live without the
nectar from the flowers while the flowers cannot bloom without the bees help in pollination.
This so called symbiosis between them shows that the law cannot disregard one party in uplifting
the plight of the other. The law, although leaning towards labor in case of doubt in the application
and interpretation of the provisions, affords rights and imposes obligations to BOTH parties and
respects their respective contributions in the nations economic status. May this relationship of
mutual dependence be helpful in achieving the industrial peace that the State have always longed
for and not the other way around.