What are the
4. Art III, Sec 8
Constitutional Mandates
pertaining to Labor and
Labor Management?
(Found in Page 11 in our book)
1. Art XIII, Sec 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
activities, including the right to strike in
accordance with law. They shall be entitled
to security of tenure, humane conditions of
work, and a living wage. They shall also
participate in policy and decision-making
processes affecting their rights and benefits
as may be provided by law.
The State shall promote the principle of
shared responsibility between workers and
employers and the preferential use of
voluntary modes in settling disputes,
including conciliation, and shall enforce their
mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations
between workers and employers,
recognizing the right of labor to its just share
in the fruits of production and the right of
enterprises to reasonable returns on
investments, and to expansion and growth
2. Art II, Sec 9
The State shall promote a just and dynamic
social order that will ensure the prosperity
and independence of the nation and free the
people from poverty through policies that
provide adequate social services, promote
full employment, a rising standard of living,
and an improved quality of life for all.
3. Art II, Sec 18
The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.
The right of the people, including those
employed in the public and private sectors,
to form unions, associations, or societies for
purposes not contrary to law shall not be
abridged.
5. Art 3, Sec 18
(2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been
duly convicted.
6. Art XII, Sec 12
The State shall promote the preferential use
of Filipino labor, domestic materials and
locally produced goods, and adopt
measures that help make them competitive.
7. Art XIII, Sec 14
The State shall protect working women by
providing safe and healthful working
conditions, taking into account their
maternal functions, and such facilities and
opportunities that will enhance their welfare
and enable them to realize their full potential
in the service of the nation.
8. Art XVI, Sec 8
The State shall, from time to time, review to
upgrade the pensions and other benefits
due to retirees of both the government and
the private sectors.
RELATED LAWS:
1. CIVIL CODE
Art 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.
LABOR LAW 1 STUDY GUIDE OF IPRA
 ART 1701.Neither capital nor labor shall act
oppressively against the other, or impair the
interest or convenience of the public.
Art. 1702. In case of doubt, all labor
legislation and all labor contracts shall be
construed in favor of the safety and decent
living for the laborer.
Art. 1703. No contract which practically
amounts to involuntary servitude, under any
guise whatsoever, shall be valid.
2. REVISED PENAL CODE
ART 289.
Formation, maintenance and prohibition of
combination of capital or labor through
violence or threats. — The penalty of
arresto mayor and a fine not exceeding 300
pesos shall be imposed upon any person
who, for the purpose of organizing,
maintaining or preventing coalitions or
capital or labor, strike of laborers or lock-out
of employees, shall employ violence or
threats in such a degree as to compel or
force the laborers or employers in the free
and legal exercise of their industry or work,
if the act shall not constitute a more serious
offense in accordance with the provisions of
this Code.
3. SPECIAL LAWS
 SSS Law
 GSIS Law
 National Health Insurance Act
 Paternity Leave Act
 Retirement Pay Law
 Home Mutual Development Fund
Law
 Anti-Sexual Harrasment Act
 Anti-Child Labor Act
 13th Month Pay Law
 Migrant Workers and Overseas
Filipinos Act of 1995 (R.A No. 8042)
 Comprehensive Agrarian Reform
Law
 Magna Cart for Public Health
Workers
Do Philippine Labor Laws
meet International Labor
Standards?
YES, refer to page 22 in our book
International labour standards have grown
into a comprehensive system of instruments on
work and social policy, backed by a supervisory
system designed to address all sorts of problems in
their application at the national level.
Since 1919, the International Labour
Organization has maintained and developed a
system of international labour standards aimed at
promoting opportunities for women and men to
obtain decent and productive work, in conditions of
freedom, equity, security and dignity. In today's
globalized economy, international labour standards
are essential components in the international
framework for ensuring that the growth of the global
economy provides benefits to all.
Are Labor laws pro-
labor?
Yes, only when there is doubt in the
implementation and interpretation of the provision
and its rules and regulations therein.
Art 4 of the Labor Code says,
All doubts in the implementation and
interpretation of the provisions of this Code,
including its implementing rules and regulations,
shall be resolved in favour of labor.
What are vested in the
government agencies to
promote employment
opportunities?
(Refer to Art 14, Page 47 of our book)
To pursue its responsibility to promote
employment opportunities, the DOLE carries out
programs for local and overseas employment.
Effective allocation of manpower resources in local
employment is assigned in the Bureau of Local
Employment and the Philippine Overseas
Employment Administration
LABOR LAW 1 STUDY GUIDE OF IPRA
 Distinguish Learner and
How does POEA protect & Apprentice
assist OFW? LEARNERS are persons hired as trainees in
semi-skilled and other industrial occupations
The POEA shall regulate private sector which are non-apprenticeable and which may
participation in the recruitment and overseas be learned thru practical training on the job in a
placement of worlers by setting up a licensing and relatively short period of time which shall not
exceed 3 mos. While APPRENTICE is a
registration system. It shall also formulate and
worker who is covered by a written
implement, in coordination with appropriate entities
apprenticeship agreement with an individual
concerned, when necessary, a system for
employer or any of the entities recognized
promoting and monitoring the overseas
under this chapter
employment of Filipino workers taking into
consideration their welfare and domestic manpower
requirements.
What must a foreign
Who has adjudicatory
National do in order to
jurisdiction over claims by work in the Philippines?
OFW? Obtain an alien employment permit from the
Department of Labor. The AEP is a permit issued to
It is either the POEA or the NLRC subject to a non-resident alien or foreign national seeking
the amendments introduced by R.A 8042. admission to the Philippines for work after it has
been determined that a competent and able Filipino
citizen is unavailable or unwilling at the time of
What significant application to perform the services for which the
alien is desired
amendments in Labor The documentary requirements for filing
AEP are the following:
Code that was introduced 1. Duly accomplished application form;

by R.A 8042? 2. Photocopy of passport with visa or

R.A No. 8042 transferred from POEA to NLRC the
jurisdiction over OFW’s claims arising from
employer-employee relationship. But POEA retains
original and exclusive jurisdiction over cases
involving violations of POEA rules and regulations,
disciplinary cases and other cases that are
administrative in character involving OFW’s. Thus,
the POEA performs regulatory enforcement, and
limited or special adjudicatory function.
(Refer to page 58-62 of our book)
Are POEA approved
employment contracts
immutable?
No, POEA contracts are not immutable.
Certificate of Recognition for refugees;
3. Contract of employment/appointment or
Board Secretary's Certificate of Election;
4. Photocopy of Mayor's Permit to operate
business or, in case of locators in economic zones,
certificate attesting operation within the
ecozone; and
5. Photocopy of current AEP (if not
renewal).
Article 40 of the Labor Code provides that any
foreign national seeking admission to the
Philippines for employment purposes and any
domestic or foreign employer who desires to
engage a foreign national for employment in the
Philippines shall obtain an Alien Employment
Permit from DOLE.

LABOR LAW 1 STUDY GUIDE OF IPRA