LABOR LAW AND SOCIAL LEGISLATION: INTRODUCTION TO LABOR LAW

I. FUNDAMENTAL PRINCIPLES/CONCEPTS

A. Legal Basis

2. 1987 Constitution

The legal foundation of labor law in the Philippines finds its roots in the 1987 Constitution. It provides the guiding principles for labor legislation and policy in the country, emphasizing the State's role in protecting labor, promoting employment, and securing social justice. Below are the pertinent provisions and their implications:

Constitutional Provisions on Labor

Article II: Declaration of Principles and State Policies

Section 9 - Right to Work
- The State shall promote a just and dynamic social order to 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.
- Significance: The provision underscores the commitment of the government to create opportunities for employment and secure workers' rights.
Section 10 - Social Justice
- The State shall promote social justice in all phases of national development.
- Significance: Social justice serves as the foundation for equitable labor relations, ensuring that workers' rights are protected and balanced with business interests.
Section 18 - Role of Labor
- The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
- Significance: Recognizes labor as a cornerstone of national development, mandating government intervention to protect and advance labor interests.

Article III: Bill of Rights

Section 1 - Equal Protection Clause
- No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
- Significance: Ensures that all workers are equally protected by labor laws, regardless of their economic status or social standing.
Section 8 - Right to Form Associations
- 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.
- Significance: Guarantees the right of workers to organize and collectively bargain, which is the foundation of unionism and collective labor relations.

Article XIII: Social Justice and Human Rights

Section 1 - Social Justice Mandate
- The Congress shall give highest priority to the enactment of measures that protect and enhance the rights of all people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.
- Significance: Establishes social justice as a guiding principle in the creation and enforcement of labor laws.
Section 3 - Protection of Labor
- 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.
  - Just and humane conditions of work.
  - Security of tenure.
  - A living wage.
  - Participation in policy and decision-making processes affecting their rights and benefits.
- 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.
- Significance: This section is the bedrock of Philippine labor law, mandating comprehensive protection of workers' rights while balancing these with the interests of employers.
Section 14 - Role of Women
- 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.
- Significance: Advocates for gender-sensitive labor policies and ensures women's rights in the workplace.

Article XVI: General Provisions

Section 3 - Employment in Public and Private Sectors
- The State shall regulate employment relations to guarantee protection and security to all workers.
- Significance: Covers both private and public sector employees under the ambit of constitutional labor protection.
Section 9 - Social Protection
- The State shall protect the rights of workers to a living wage and to humane working conditions.
- Significance: Highlights the importance of ensuring that wages and working conditions meet the standards of human dignity.

Labor Rights as Fundamental Constitutional Rights

The 1987 Constitution elevates labor rights to a constitutional level, emphasizing that these rights are not merely statutory but are enshrined in the fundamental law of the land. This recognition ensures:

Supremacy of Labor Rights: Labor laws cannot be repealed or amended by ordinary legislation if it contradicts constitutional guarantees.
Judicial Enforcement: Courts can directly enforce labor rights under the Constitution, even in the absence of specific enabling laws.

Implications for Labor Legislation and Policy

The 1987 Constitution serves as the foundation for the following:

Labor Code of the Philippines (Presidential Decree No. 442): The comprehensive statute on labor and social legislation, designed to implement constitutional mandates.
Social Legislation: Laws such as the Social Security Act, Government Service Insurance System (GSIS) Act, and other welfare measures are grounded in constitutional directives on social justice and protection of labor.
Judicial Doctrine: Labor cases are adjudicated with a liberal interpretation favoring workers, reflecting the constitutional policy of protection to labor.

Conclusion

The 1987 Constitution is the cornerstone of Philippine labor law and social legislation. Its provisions not only recognize labor as a vital socio-economic force but also mandate the State to provide full protection and promote the welfare of workers. The principles enshrined in the Constitution ensure that labor rights are upheld as a fundamental pillar of a just and equitable society.