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SOCIAL LEGISLATIONS
- those laws that provide particular kinds of protection
or benefits to society or segments thereof in
furtherance of social justice. (Azucena, 2007)
I. LABOR CODE OF THE PHILIPPINES
SOCIAL JUSTICE
- the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated.
Basically founded on the time-honored principle of salus populi
est suprema lex. (Calalang v. Williams, G.R. No. 47800)
I. LABOR CODE OF THE PHILIPPINES
LABOR
- that sector or group in a society which derives its
livelihood chiefly from rendition of work or services
in exchange for compensation under managerial
direction. (Mendoza, 2001)
I. LABOR CODE OF THE PHILIPPINES
APPLICABILITY
- the Code applies to all workers, whether agricultural
or non-agricultural, including employees in a
government corporation incorporated under the
Corporation Code. (Art. 6, Labor Code)
I. LABOR CODE OF THE PHILIPPINES
MANAGEMENT RIGHTS
- under the doctrine of management prerogative, every employer
has the inherent right to regulate, according to his own discretion
and judgment, all aspects of employment. (Rural Bank of
Cantillan v. Julve, G.R. No. 169750)
I. LABOR CODE OF THE PHILIPPINES
THE EMPLOYER HAS THE RIGHT TO:
1. Conduct business;
2. Prescribe rules;
3. Select and hire employees;
4. Transfer or discharge employees; and
5. Return of investment and expansion of business.
I. LABOR CODE OF THE PHILIPPINES
MANAGEMENT PREROGATIVES, HOWEVER ARE SUBJECT TO LIMITATIONS
PROVIDED BY:
1. law;
2. contract or collective bargaining agreements; and
3. general principles of fair play and justice.
(Mendoza v. Rural Bank of Lucban, G.R. No. 155421)
I. LABOR CODE OF THE PHILIPPINES
BASIC RIGHTS OF WORKERS AS GUARANTEED BY THE
CONSTITUTION
(ART. XIII, SEC. 3, 2ND PAR.)
A. Labor Standards; and
B. Labor Relations.
I. LABOR CODE OF THE PHILIPPINES
UNDER LABOR STANDARDS:
1. Right to Security of Tenure;
2. Right to Receive a living wage;
3. Right to Share in the fruits of production; and
4. Right to work under Humane conditions.
I. LABOR CODE OF THE PHILIPPINES
UNDER LABOR RELATIONS:
1. Right to Organize themselves;
2. Right to Conduct collective bargaining or negotiation with the
management;
3. Right to Engage in peaceful concerted activities including strike; and
4. Right to participate in policy and decision-making processes.
I. LABOR CODE OF THE PHILIPPINES
EMPLOYER-EMPLOYEE RELATIONSHIP
A. Generally, labor standards and conditions apply only if there
is Employer-Employee relationship.
B. Employer-Employee relationship is determined by law, and
not by contract between the parties. (Paguio v. NLRC, G.R.
No. 147816)
I. LABOR CODE OF THE PHILIPPINES
FOUR-FOLD TEST OF EMPLOYER-EMPLOYEE RELATIONSHIP
(PACIFIC CONSULTANTS INTERNATIONAL ASIA, INC. V. SCHONFELD, G.R. NO. 166920)
A. Selection and engagement of the employee;
B. Payment of wages;
C. Power of Dismissal; and
D. Power of Control.
I. LABOR CODE OF THE PHILIPPINES
THE CONTROL TEST
(ZANOTTE SHOES V. NLRC, G.R. NO. 100665)
The control test merely calls for the existence of the
right to control the manner of doing the work, not the
actual exercise of the right.
I. LABOR CODE OF THE PHILIPPINES
NORMAL HOURS OF WORK
(ART. 83, LABOR CODE)
The normal hours of work of an employee shall not exceed 8 hours a day.
Rationale:
-to safeguard the health and welfare of the laborer; and
-to minimize unemployment by utilizing different shifts.
I. LABOR CODE OF THE PHILIPPINES
PART-TIME WORK
(ART. 83, LABOR CODE)
8-hour labor law prescribes the maximum but not the
minimum. Therefore, part-time work, or a day’s work
of less than 8 hours is not prohibited.
I. LABOR CODE OF THE PHILIPPINES
SERVICE INCENTIVE LEAVE
(ART. 95, LABOR CODE)
Every employee who has rendered at least one (1)
year of service is entitled to Service Incentive Leave
(SIL) of five (5) days with pay.
I. LABOR CODE OF THE PHILIPPINES
SERVICE INCENTIVE LEAVE
(ART. 95, LABOR CODE)
Meaning of “One Year of Service”
The phrase “one year of service” of the employee means service
within twelve (12) months, whether continuous or broken,
reckoned from the date the employee started working.
I. LABOR CODE OF THE PHILIPPINES
SERVICE INCENTIVE LEAVE
(ART. 95, LABOR CODE)
Usage/Conversion to Cash
The service incentive leave may be used for sick and vacation
leave purposes. The unused service incentive leave is commutable
to its money equivalent at the end of the year.
I. LABOR CODE OF THE PHILIPPINES
SEPARATION PAY
(ART. 283-284, LABOR CODE)
Usage/Conversion to Cash
The service incentive leave may be used for sick and vacation
leave purposes. The unused service incentive leave is commutable
to its money equivalent at the end of the year.
I. LABOR CODE OF THE PHILIPPINES
RETIREMENT PAY
(ART. 287, LABOR CODE, AS AMENDED BY R.A. 7641)
Usage/Conversion to Cash
The
II. RELATED LAWS
MATERNITY LEAVE
(R.A. 1161, AS AMENDED BY R.A. 8282)
Usa
II. RELATED LAWS
PATERNITY LEAVE
(R.A. 8187)
Usa
II. RELATED LAWS