Labor Law and Social Legislation: Introduction to Labor Law - Legal Basis

I. Legal Basis of Labor Law

Labor law in the Philippines is a branch of law that governs the rights and duties of workers, employers, and their representatives. Its purpose is to balance the inequality of bargaining power between employers and workers, to promote social justice, and to ensure industrial peace.

The legal basis of labor law in the Philippines is enshrined in the Constitution, statutory laws, jurisprudence, and administrative regulations. Below is a detailed discussion of the legal framework supporting labor law in the Philippines.

1. The 1987 Philippine Constitution

The Constitution serves as the supreme law of the land, laying down the fundamental principles that guide labor legislation and policies.

Key Provisions

Article II, Section 18: "The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare."

This provision highlights the State’s recognition of labor as essential to economic progress and its commitment to safeguarding workers’ rights.
Article XIII, Sections 3 and 14: These sections provide the foundation for social justice and the rights of workers, explicitly mandating:
- Protection of the rights of workers to self-organization.
- Security of tenure, humane working conditions, and a living wage.
- Participation in decision-making processes affecting workers.
Article XII, Section 3: Establishes the principle of equity, prioritizing Filipino labor in employment and emphasizing worker empowerment and protection.

2. Labor Code of the Philippines (Presidential Decree No. 442)

The Labor Code, enacted in 1974 and subsequently amended, is the primary statutory basis of labor law in the Philippines. It codifies the rules on employment relations, workers' rights, and employer obligations.

Highlights of the Labor Code

Book I: Pre-employment
- Regulations on recruitment and placement, ensuring non-discriminatory practices in hiring.
- Rights of migrant workers and overseas Filipino workers (OFWs).
Book II: Human Resources Development
- Skills training and development, including apprenticeship and learning programs.
Book III: Conditions of Employment
- Regulations on working hours, overtime, rest days, and holidays.
- Provisions for fair compensation, including minimum wage laws.
Book IV: Health, Safety, and Social Welfare Benefits
- Mandates workplace safety standards, maternity leave, and social security benefits.
Book V: Labor Relations
- Governs collective bargaining, strikes, and dispute resolution.
Book VI: Post-Employment
- Laws on termination, including just and authorized causes.
- Mandates security of tenure and due process in termination cases.

3. International Labor Conventions

The Philippines, as a member of the International Labour Organization (ILO), has ratified numerous conventions that form part of the legal framework for labor law. These international standards influence domestic labor policies and practices.

Key Ratified Conventions

ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize).
ILO Convention No. 98 (Right to Organize and Collective Bargaining).
ILO Convention No. 29 (Forced Labor).
ILO Convention No. 138 (Minimum Age for Admission to Employment).

4. Special Laws and Statutes

Apart from the Labor Code, specific laws address unique aspects of labor relations and social legislation, including:

A. Social Legislation

Social Security Act of 2018 (Republic Act No. 11199): Provides benefits for sickness, maternity, disability, retirement, and death through the Social Security System (SSS).
PhilHealth Act (Republic Act No. 7875, as amended): Ensures universal health coverage for workers.
Pag-IBIG Fund (Republic Act No. 9679): Mandates savings programs and housing benefits for employees.

B. Employment Laws

Republic Act No. 6725: Prohibits discrimination against women in the workplace.
Republic Act No. 8187: Provides for paternity leave benefits.
Republic Act No. 11210: Expands maternity leave to 105 days.

C. Special Sectoral Laws

Domestic Workers Act (Batas Kasambahay) - Republic Act No. 10361: Protects the rights of household helpers, setting standards for wages, benefits, and working conditions.
Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042, as amended by RA 10022): Protects the rights and welfare of overseas Filipino workers (OFWs).

5. Jurisprudence

Court decisions, particularly from the Supreme Court, are crucial in interpreting and applying labor laws. These decisions form part of the legal framework, ensuring that labor laws evolve to address emerging issues.

Key Cases

Manila Hotel Case (GR No. 120077): Reinforced the principle of security of tenure.
Philippine Airlines v. NLRC (GR No. 132805): Highlighted the rights of employees during retrenchment due to redundancy.

6. Administrative Issuances

Government agencies, such as the Department of Labor and Employment (DOLE), issue regulations, circulars, and guidelines to implement labor laws.

Key Agencies

DOLE: Oversees labor standards and relations.
National Labor Relations Commission (NLRC): Adjudicates labor disputes.
Bureau of Labor Relations (BLR): Supervises collective bargaining and union activities.

Conclusion

The legal basis of labor law in the Philippines is deeply rooted in the Constitution, statutory provisions, international commitments, jurisprudence, and administrative regulations. These collectively ensure the protection and promotion of workers’ rights, reflecting the State’s commitment to social justice and industrial harmony.