LABOR NOTES BASIS IS POLICE POWER.
Power of the
government to enact laws within constitutional
Article 1. Labor Code of the Philippines
limits & promote general welfare of the society.
BLAS OPLE-Father of labor code
ARTICLE 3. DECLARATION OF POLICY.
Labor Code PD 442- set of substantive
a. -afford protection to labor
procedural laws that prescribe principal rights &
responsibilities of ER, EE, participants as well as -promote full employment
Government.
-equal opportunities
RELATED LAWS: CIVIL LAWS, RPC, SPECIAL LAWS
b. assure rights to self-organization, CBA,
International labor organization-international Security of tenure & just and humane
labor standards, promotion of social justice & conditions of work
human rights.
Article 2. Effective 6 months after promulgation.
- Not a statement of goals but a
Promulgation-May 1, 1974. Effectivity-
statement of policy directions towards
November 1, 1974
the goals
Labor Legislation-statutes, regulations and - Equitable distribution of opportunities,
jurisprudence governing relations between income & wealth
capital & labor; providing certain employment - EE & ER are interdependence
standards and a legal framework for adjusting
and administering those standards and other
incidents of employment. ARTICLE 4. CONSTRUCTION OF LABOR
2 classifications -all doubts in the implementation and
interpretation including implementing rules &
1. Labor standards-least terms &
regulations shall be resolved in favor of labor
conditions of employment; minimum
requirements prescribed by existing JUSTICE not expediency is the higher end of law.
laws, rules & regulations relating to LAW does not favor favoritism amounting to
wages, COLA, hours work, health & injustice.
safety standards
2. Labor relations-status, rights and duties Management’s prerogatives subject to
and the institutional mechanisms that limitations by law, contract or CBA, general
govern employees, employers & principles of fair play & justice
representatives 1. Right of Investments- to make profit.
Social Legislation- provide particular kinds of Profit that creates job and improves
protection or benefits to society or segments. workers a lot. Right to expansion &
growth.
-all labor laws are social legislation but not all 2. Right to prescribe rules. Rule becomes
social legislations are labor laws part of the contract.
3. Right to select employees
-aim of labor law is social justice. Social Justice
4. Right to transfer or discharge
means promotion of the welfare of all people.
employees
SALUS POPULI EAST SUPREMA LEX.
ARTICLE 5. RULES & REGULATIONS
CONSTITUTIONAL RIGHTS AND MANDATES
DOLE & other Government agencies- promote
1. Right to organize
necessary IRR effective with 15 days after
2. Right to conduct CBA
announcements in newspapers of general
3. Right to engage in peaceful assemblies
circulation
4. Right to security of tenure
5. Right to work under humane conditions WHEN INVALID. EXCESS OF ITS RULE MAKING
6. Right to receive a living wage AUTHORITY. ULTRA VIRES-BEYOND ONE’S
7. Right to participate in policy and POWER.
decision making process
ARTICLE 6. APPLICABILITY
PRIVATE SECTOR –indispensable role,
something state cannot do without. Balanced -all rights & benefits except as provided by law
Treatment of workers & employees. Shared is applicable to all whether agricultural or non-
responsibility. agricultural.
-government corporations created by congress- SEAMAN-employed in a vessel
CIVIL SERVICE LAWS; General corporation law-
Overseas Employment-employment of a worker
LABOR CODE.
outside the Philippines
-NON-APPLICABILITY TO GOVERNMENT
EMIGRANT-any person, worker who immigrates
AGENCIES
to foreign country by immigrant visa or resident
-APPLICABLE WITHOUT EE & ER BUT HAS permit or its equivalent
JURISDICTION
ARTICLE 14. EMPLOYMENT PROMOTION
1. ILLEGAL RECRUITMENT
SECRETARY OF LABOR:
2. MISUSE OF POEA LICENSE
1. Organize & establish new employment
3. INDEPENDENT CONTRACTOR 2. Organize & establish nationwide job
clearance
(ARTICLE 7-11 NOT INCLUDED)
3. Develop & organize program
ARTICLE 12. Statement of Objectives 4. Require person to submit employment
information
1. Full employment
2. Protection of all employees whether ARTICLE 15. BUREAU OF EMPLOYMENT
local or abroad SERVICES
3. Free choice of employment
-Develop and monitor a comprehensive
4. Conformity with national interest
employment program
5. Regulations of Alien employment
6. Strengthen network of public 1. Formulate and develop plans & programs
employment
2. establish and maintain registration /
7. Careful selection of OFWS to protect
licensing system
good names of the Philippines
3. formulate and develop employment
ARTICLE 13. DEFINITIONS.
programs
WOKER-Any member of labor force, employed
4. maintain central registry of skills except
or not
seamen
RECRUITMENT & PLACEMENT- refers to any act
ARTICLE 16. PRIVATE RECRUITMENT
of canvassing, enlisting, transporting, hiring,
procuring, contracting, utilizing workers AUTHORIZED AGENCIES
includes referrals, contract services, promising,
advertising for employment locally or abroad 1. PUBLIC EMPLOYMENT OFFICES
whether for profit or not. Provided any person 2. PRIVATE RECRUITMENT ENTITIES
or entity in any manner offer or promise for a 3. PRIVATE EMPLOYMENT AGENCIES
fee employment to 2 or more persons shall be 4. SHIPPING OR MANNING AGENTS OR
deemed engaged in recruitment & placement. REPRESENTATIVES
5. POEA
PRESUMPTION: DEALING WITH 2 OR MORE 6. CONSTRUCTION CONTRACTORS
PERSONS IN CONSIDERATION OF A FEE, OFFER, AUTHORIZED BY DOLE
PROMISE EMPLOYMENY (ANY MANNER). NOT 7. MEMBERS OF DIPLOMATIC CORPS
THE NUMBERS BUT THE ACTS 8. OTHER PERSONS/ENTITIES AUTHORIZED
BY DOLE
PRIVATE FEE CHARGING EMPLOYMENT
AGENCY- any person engaged in the
recruitment and placement of workers for a fee ARTICLE 17. OVERSEAS EMPLOYMENT
which charged directly or indirectly both EE & DEVELOPMENT BOARDS
ER.
-created to undertake systematic program for
PRIVATE RERUITMENT ENTITY-any person or OFWs & domestic needs
association engaged in recruitment and
placement without charging directly or ARTICLE 18. BAN OR DIRECT HIRING
indirectly any fee from the workers or -no employer may hire a Filipino worker for
employers. overseas employment without authorization by
LICENSE=PRIVATE EMPLOYMENT AGENCY DOLE.
AUTHORITY= PRIVATE RECRUITMENT ENTITY -EXEMPTION: direct hiring members of
diplomatic corps
Requirements: POEA-power to order refund illegal collection of
fees.
1. Employment contract
2. Valid passport ARTICLE 33,34 RA8042
3. Employment visa, work permit
ARTICLE 35. SUSPENSION OR CANCELLATION OF
LICENSE
ARTICLE 19 (NOT DISCUSSED)
-Violation of rules and regulations
ARTICLE 20. MINIMUM EMPLOYMENT
CONDITIONS -vested in DOLE & POEA
1. Guaranteed for regular working -RECRUITMENT AGENCY-SOLIDARY LIABLE FOR
hours UNPAID SALARIES
2. Free transportation
3. Free food accommodation
4. Just/authorized causes
5. Existing labor laws
6. Prevailing conditions
ARTICLE 21. NOT DISCUSSED
(READ 8042)
ARTICLE 22. MANDATORY REMITTANCE OF
FOREIGN EXCHANGE in accordance with DOLE.
ARTICLE 23 TO 24. RA 8042
ARTICLE 25. PRIVATE EMPLOYMENT SECTOR-
participate in recruitment.
75% Filipino owned; 25% foreign (ARTICLE 27
CITIZENSHIP REQUIREMENT)
ARTICLE 28. Private employment-200,000 (sole);
500,000 (corp)
Private recruitment- 2,000,000 (sole & corp)
ARTICLE 23. PROHIBITED TO RECRUIT
- Travel agencies & sales agencies of
airline companies whether profit or not
- Crimes involving moral turpitude
- Official/employee of
DOLE,POEA,OWWA,DFA, relative with
4th civil degree
ARTICLE 29. NON-TRANSFERABILITY OF LICENSE
OR AUTHORITY
-Unless approved by DOLE
ARTICLE 30. REGISTRATION FEES. DOLE
ARTICLE 31. BONDS. Cash, surety to guarantee
compliance with prescribed procedures, rules &
regulations, terms & employments.
ARTICLE 32. Any person applying with private
employment agency shall not be charge any fee
until he has obtained employment or actually
commenced employment. DOLE will give
allowable fees.
