The Labor Code of the Philippines is the legal code governing employment practices and labor
relations in the Philippines. It was enacted on Labor Day, May 1, 1974, by President Ferdinand Marcos
in the exercise of his then extant legislative powers.
Art. 3. Declaration of basic policy. The State shall afford protection to labor,promote full employment,
ensure equal work opportunities regardless of sex, race or creed and regulate the relations between
workers and employers. The State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.
Art. 4. Construction in favor of labor. All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of
labor.
Art. 5. Rules and regulations. The Department of Labor and other government agencies charged with
the administration and enforcement of this Code or any of its parts shall promulgate the necessary
implementing rules and regulations. Such rules and regulations shall become effective fifteen (15)
days after announcement of their adoption in newspapers of general circulation.
Labor Code of the Philippines
GeneralProvisions
Presidential Decree No.442 promulgated in 1974 The decree shall be known as the “Labor Code
of thePhilippines. Effectivity of this code shall take effect six (6) monthsafter its promulgation
Declaration of the Basic Policy
The state shall afford:
protection to labor,
promote full employment,
ensure equal work opportunities regardless of sex,race or creed and
regulate the relations between workers andemployers.
The state shall:
assure the rights of workers to self-organization,
collective bargaining,
security of tenure, and
just and humane conditions of work.
Declaration of Principles, Article XIII, Section 3expands its policy by providing that:
the State shall afford full protection to labor, localand overseas, organized and unorganized,
andpromote full employment opportunities for all.
The state 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.
3 Trivia about the Labor Law
1. It's a martial law era Presidential Decree, but is authored by a non-lawyer.
2. It's all about employement, but it's mainly about traditional and industrial work arrangements.
3. It's the principal source of Labor Law, but it's not the only source.
3 BASIC RIGHTS OF EMPLOYEES
* Freedom from Slavery (Constitution).
+ Enhanced bySecurity of Tenure.
+ Enhanced by Due Process.
* Self-Organization (Constitution & Labor
Code).
Labor Standards (Labor Code & other statutes).
* Non-discrimination and equal opportunity.
- Terms and conditions of employment.
3 BASIC RIGHTS OF EMPLOYERS
* Ownership (Constitution and Civil Code).
#ROl, expansion and growth (fruits).
Use and abuse; and sell and dispose.
Contracts (Constitution and Civil Code).
* Includes Selection and Termination.
* Control (or Management Prerogative).
3FACTS ABOUT EMPLOYMENT
* Ignorance of Labor Law isn't an excuse.
* Employment is a Contract; but it's a contract so impressed with public interest that it must yield to
the common good.
* Ownership of the enterprise makes the employment relations lopsided in favor of employers.
FUNDAMENTALS OF LABOR LAW
* It's ultimate purpose is to place employees at an equal footing with their employers.
* It's all about minimum standards and basic requirements.
* In case of doubt, it's to be interpreted in favor of employees (Article 4, Labor Code).
The Labor Code of the Philippines stands as the law governing employment practices and labor
relations in the Philippines. It was enacted on Labor day of 1974 by President Ferdinand Marcos, in
the exercise of his then extant legislative powers. It prescribes the rules for hiring and termination of
private employees; the conditions of work including maximum work hours and overtime; employee
benefits such as holiday pay, thirteenth month pay and retirement pay; and the guidelines in the
organization and membership in labor unions as well as in collective bargaining.
The Labor Code contains several provisions which are beneficial to labor. It prohibits termination from
employment of Private employees except for just or authorized causes as prescribed in Article 282 to
284 of the Code. The right to trade union is expressly recognized, as is the right of a union to insist on
a closed shop.
Strikes are also authorized for as long as they comply with the strict requirements under the Code,
and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover,
Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law,
especially the Labor Code, will be resolved in favor of labor and against management.
The rationale behind the labor code in the Philippines is to protect and promote the welfare of
workers and ensure a fair and just work environment. The labor code sets out the rights and
responsibilities of both employers and employees, and establishes guidelines for employment
practices.
The primary objectives of the labor code are as follows:
1. Protecting workers' rights: The labor code aims to safeguard the fundamental rights of workers,
such as the right to fair wages, safe working conditions, and security of tenure. It prohibits unfair
labor practices and discrimination in the workplace.
2. Promoting social justice: The labor code seeks to address social and economic inequalities by
promoting equal opportunities and fair treatment for all workers. It encourages the establishment of
mechanisms for resolving labor disputes and grievances.
3. Ensuring decent work standards: The labor code sets minimum standards for working conditions,
including maximum working hours, rest periods, and leave entitlements. It also establishes guidelines
for occupational safety and health, ensuring that workplaces are safe and conducive to the well-being
of workers.
4. Facilitating industrial peace: The labor code promotes harmonious labor relations by encouraging
collective bargaining and peaceful resolution of labor disputes. It recognizes the right of workers to
form and join trade unions and engage in collective bargaining for the protection of their interests.
5. Supporting economic development: The labor code recognizes the importance of a stable and
productive workforce in driving economic growth. It provides a framework for promoting
employment generation, skills development, and productivity improvement.
Overall, the labor code in the Philippines aims to create a fair and equitable working environment that
balances the interests of employers and employees while upholding the principles of social justice and
economic development.
Social justice refers to the concept of creating a fair and equitable society where all individuals have
equal rights and opportunities. It involves identifying and addressing systemic injustices and
inequalities that exist based on characteristics such as race, gender, sexual orientation,
socioeconomic status, ability, and more.
The goal of social justice is to ensure that everyone has access to resources, opportunities, and
privileges within society, regardless of their background or identity. This can involve various efforts,
including policy changes, advocacy, education, community organizing, and more, aimed at challenging
and dismantling unjust systems and promoting equality and inclusivity.
Social justice issues can encompass a wide range of topics, including but not limited to:
Racial justice: Addressing systemic racism and promoting racial equality in areas such as employment,
education, criminal justice, and housing.
Gender justice: Advocating for gender equality and challenging discrimination and stereotypes based
on gender identity or expression.
LGBTQ+ rights: Supporting the rights and inclusion of lesbian, gay, bisexual, transgender, and queer
individuals, and challenging discrimination based on sexual orientation or gender identity.
Economic justice: Addressing income inequality, poverty, and disparities in access to economic
resources and opportunities.
Environmental justice: Advocating for equitable distribution of environmental benefits and burdens,
addressing environmental racism, and promoting sustainability.
Disability rights: Ensuring equal rights and access to opportunities for people with disabilities and
challenging discrimination and ableism.
Immigration justice: Advocating for fair and humane treatment of immigrants, addressing xenophobia
and discrimination, and promoting immigration reform.
Overall, social justice is about creating a more just and equitable society where everyone has the
opportunity to thrive and live with dignity, regardless of their background or identity. It requires
ongoing awareness, activism, and efforts to challenge and change unjust systems and practices.
Social justice in labor code refers to the principles and regulations within labor laws that aim to
ensure fairness, equality, and protection for workers in the workplace. These provisions are designed
to address various issues related to employment, such as wages, working conditions, health and
safety, discrimination, and the right to organize and collectively bargain.
Key components of social justice in labor code include:
Fair wages: Labor codes often include provisions related to minimum wage standards, overtime pay,
and equal pay for equal work, aiming to ensure that workers receive fair compensation for their labor.
Working conditions: Labor codes typically outline regulations regarding working hours, rest breaks,
leave entitlements, and workplace safety standards to protect workers from exploitation and unsafe
working conditions.
Non-discrimination: Labor codes prohibit discrimination in employment based on factors such as race,
gender, age, religion, disability, sexual orientation, or other protected characteristics, promoting
equality and inclusivity in the workplace.
Right to organize: Labor codes often protect the right of workers to form or join trade unions and
engage in collective bargaining with employers to negotiate better wages, benefits, and working
conditions.
Job security: Some labor codes include provisions related to job security, such as regulations on
termination of employment, severance pay, and protection against unjust dismissal, to safeguard
workers' livelihoods.
Health and safety: Labor codes establish health and safety standards in the workplace to ensure that
employers provide a safe and healthy work environment, including regulations on hazardous
materials, workplace ergonomics, and safety training.
Social benefits: Some labor codes may include provisions related to social benefits such as healthcare,
pensions, unemployment insurance, and other forms of social security to support workers' well-being
and economic security.
Overall, social justice in labor code encompasses a range of legal protections and regulations aimed at
promoting fairness, equality, and dignity for workers in the labor market. These provisions are crucial
for creating a more just and equitable society by addressing power imbalances between employers
and workers and protecting vulnerable populations from exploitation and discrimination in the
workplace.