Social Legislation

All laws passed by the State to promote public

welfare. Laws that provide particular kinds of
protection or benefits to society or segments thereof
in furtherance of social justice. It includes statutes
intended to enhance the welfare of the people even
where there is no Er-Ee relationship.
e.g.
GSIS Law, SSS Law, Philhealth benefits, Agrarian
Law
SOURCES OF LABOR LAWS
1. Constitution;
2. Labor Code and other related special legislation
(including their respective IRR);
3. Contracts;
4. CBA;
5. Company practices
6. Company policies
 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.
 COMPASIONATE JUSTICE
 The social justice policy mandates a compassionate attitude
toward the working class in it relation to the management. In
calling for protection to labor, the Constitution does not
condone wrong doing by the employee .However, it urges a
moderation of the sanctions that maybe applied to him in the
light of the many disadvantages that weigh heavily on him like
an albatross on his neck.
 it is disregarding rigid rules and giving due weight to all
equities of the case (Gandara Mill Supply and Milagros Sy
v. NLRC and Silvestre Germano, G.R. No. 126703,
December 29, 1998).
 The law must protect labor, at least to the
extent of raising him to equal footing in
bargaining relations with capital and to
shield him from abuses brought about by
the necessity for survival (Azucena, Vol.
1, 2016, p. 26)
 Limitation to Protection of Labor
 1.Recognition of management rights.
The law also recognizes that management has rights which are also
entitled to respect and enforcement in the interest of fair play (St. Luke’s
Medical Center Ees Ass’n v. NLRC, G.R. No.
162053, March 7, 2007).
 2. Principle of Non-Oppression.
Neither capital nor labor shall act oppressively against the other, or
impair the interest or convenience of the public (NCC, Art. 1701).
 The principle mandates capital and labor not to act
oppressively against each other or impair the interest and
convenience of the public. The protection to labor clause in
the Constitution is not designed to oppress or destroy
capital (Capili v. NLRC, G.R. No. 117378, March 26,1997).
 The law in protecting the rights of the employees
authorizes neither oppression nor self-destruction of the
employer (Pacific Mills Inc. v. Alonzo, G.R. No. 78090,
July 26, 1991). It should be made clear that when the law
tilts the scale of justice in favor of labor, it is but a
recognition of the inherent economic inequality between
labor and management. The intent is to balance the scale
of justice.
 To put the parties on relatively equal positions.
There may be cases where the circumstances
warrant favoring labor over the interests of
management but never should the scale be so
tilted if the result is an injustice to the
employer. Justitia nemini neganda est (Justice
is to be denied to none.) (Philippine
Geothermal Inc. vs. NLRC and Edilberto M.
Alvares, G.R. No. 106370)
 SOCIAL JUSTICE

 The State shall promote

social justice in all phases of
national development. (1987
Constitution, Article II,
Section 10)
 The Aim of Labor Law is Social Justice
 Social Justice is neither communism, nor despotism, nor atomism nor
anarchy, but the humanization of laws and the equalization of social
and economic forces of the State so that justice in it rational and
objectively secular conception may at least be approximated.
 Social Justice the promotion of the welfare of all the people, the
adoption by the government of measures calculated to insure
economic stability of all the component elements of society, through
the maintenance of proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the exercise of powers underlying the existence of all
governments on the time honored principle of salus populi est suprema
lex. (Calalang vs. Williams, GR No. 87800, December 2, 1940)
 Limitations in invoking the Principle of Social Justice
 1. Social justice does not champion division of property or equality or
economic status (Guido vs. Rural Progress Adm, L-2089, October 31,
1949). It should not tolerate usurpation of property, public or private.
 2. May only protect the laborers who come to court with clean hands
(Phil. Long DistanceT elephone Co. v. NLRC, G.R. No.
80609, August 23, 1988)and their motives blameless(Gustilo v.
Wyeth Phils., G.R. No.149629, October 4, 2004).
 3.Never result in an injustice or oppression of the employer (Phil.
Geothermal Inc. v.NLRC, G.R. No. 106370, September 8, 1994).
 4. If it is used to shield wrongdoings, it cannot be permitted to be the
refuge of scoundrels (PNCC v. NLRC, G.R. No. 83320,Feb. 9, 1989).
 POLICE POWER

 While social justice is the aim of labor laws, their basis or

foundation is the police power the State.
 Police power is the power of the Government to enact laws, within
constitutional limits, to promote the order, safety, health, morals and
general welfare of society (People v. Vera Reyes,67 Phil. 190).
 State legislatures may enact laws for the protection of the safety
and health of employees as an exercise of the police power (1
Azucena, 2016, p. 12). The right of every person to pursue a
business, occupation, or profession is subject to the paramount
right of the government as a part of its police power to impose such
restriction and regulations as the protection of the public may
require.
 RIGHTS OF MANAGEMENT

 It should not be supposed that every labor dispute will be automatically

decided in favor of labor. Management also has its own rights which, as
such, are entitled to respect and enforcement in the interest of simple fair
play (Sosito v. Aguinaldo Development Corporation, G.R. No. 48926,
December 24, 1987)

 FUNDAMENTAL MANAGEMENT RIGHTS

1. Right to return of investment
2. Right to prescribe rules
3. Right to select employees
4. Right to transfer or discharge employees
 NEW CIVIL CODE AND OTHER LAWS

 Art. 19 Every person must, in them exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

 (Principle of Abuse of Rights)

 Art 1700 The relations between capital and labor are not merely contractual. They are so impressed
with public interest that labor contracts must yield to the common good. Therefore, such contracts are
subject to the special laws on labor unions, collective bargaining, strikes and lock outs, closed shop,
wages, working conditions, hours of labor and similar subject.



 Art. 1709
 –

 The employer shallneither seize nor retain any tool orother articles belonging to the laborer.i.

 Art. 1710
 - Dismissal of laborers shallbe subject to the supervision of theGovernment, under special laws.2.

 Revised Penal Code (RPC)
 a.

 Art. 289
 Formation, maintenance and prohibition of combination of capital orlabor through violence or threats

 –
 Anyperson who, for the purpose oforganizing, maintaining or preventingcoalitions or capital or labor, strike oflaborers or lock-out of employees,shall employ violence or threats insuch a degree as to compel or force thelaborers or employers in the free andlegal exercise of their industry orwork, if the act shall not constitute amore serious offense in accordancewith the provisions of the RPC.

 3.

 Special Laws
 a.

 E.O. 180 - Providing guidelines for theexercise of the Right to Organize ofGovernment Employees, creating
 Art.1701 - Neither capital nor labor shall act oppressively against the
other, or impair the interest or convenience of the public.

 (Principle of Non-Oppression)

 Art 1702 - In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the laborer.

 Art.1703 - No contract which practically amounts to

involuntary servitude, under any guise whatsoever, shall be
valid.
 Art. 1704 - In collective bargaining, the labor union or
members of the board or committee signing the contract shall
be liable for non-fulfillment thereof.
 Art. 1708 - The laborer’s wages shall not be
subject to execution or attachment, except for
debts incurred for food, shelter, clothing and
medical attendance.
 Art. 1709 - The employer shall neither seize nor
retain any tool or other articles belonging to the
laborer.
 Art. 1710 - Dismissal of laborers shall be subject to
the supervision of the Government, under special
laws.
 Revised Penal Code (RPC)

 Art. 289 - Formation, maintenance and prohibition of

combination of capital or labor through violence or threats
– Any person who, for the purpose of organizing, maintaining
or preventing coalitions or capital or labor, strike of laborers or
lock-out of employees, shall employ violence or threats in such
a degree as to compel or force the laborers or employers in the
free and legal exercise of their industry or work, if the act shall
not constitute a more serious offense in accordance with the
provisions of the RPC.
 INTERNATIONAL ASPECT OF LABOR LAWS

 The Philippines is a member of the

 International Labor Organization (ILO) which is the UN specialized

agency which seeks the promotion of social justice and internationally
recognized human and labor rights. The ILO formulates international
labor standards in the form of Conventions and Recommendations
setting minimum standards of basic labor rights regulating conditions
across the entire spectrum of work-related issues (1 Azucena, 2016, p.
21).
 Tripartism - An essential characteristic of ILO is tripartism. It is
composed not only of government representatives but also of employers’
and workers’ organizations. The principle of tripartism permeates the
composition of ILO’s deliberative bodies and influences in many
respects the contents of ILO instrument
International Commitments

Being an ILO member, the Philippines subscribes to the following

fundamental principles on which the ILO is based:

1.Labor is not a commodity;

2. Freedom of expression and of association are essential to sustain progress;
3. That poverty anywhere constitutes a danger to prosperity everywhere; and
4. The war against want requires to be carried on with unrelenting vigor within
each nation, and by continuous and concerted international effort in which there
representatives of workers and employers, enjoying equal status with those of
governments, join with them in free discussion and democratic decision with a
view of promotion of the common welfare
(Annex, Declaration Concerning the Aimsand Purposes of ILO).
 Furthermore, the Philippines is committed
to pursue programmes that will achieve certain
objectives, including:
1. Full employment and the raising of standards of
living.
2. Policies in regard to wages and earnings, hours
and other conditions of work calculated to ensure a
just share of the fruits of progress to all employed
and in need of such protection
3. The effective recognition of the right of collective
bargaining, the cooperation of the management and
labor in the continuous improvement of productive
efficiency, and the collaboration of workers and
employers in the preparation and application of
social economic measures.

4. The extension of social security measures to

provide a basic income to all in need of such
protection.
TEST TO DETERMINE THE APPLICABILITY OF THE LC TO
GOCC: ORIGINAL CHARTER OR MANNER OF CREATION

When the GOCC is created by a special charter it is subject to the

provision of the Civil Service Law while those incorporated under the
general Corporation Law is subject to the provision of the Labor Code.
(PNOC-EDC v. LEGARDO, GR NO. 584994. July 5, 1989)

Labor Dispute between Government Employees

The Public Sector-Labor Management Council, not the DOLE
shall hear the dispute (EO, 180, Sec. 15, June 1, 1987)
 Is bus driver a field personnel
 Rule in case of Drivers/Bus Conductors
 It is of judicial notice that along the routes that are plied by these bus
companies, there are its inspectors assigned at strategic places who board the
bus and inspect the passengers, the punched tickets, and the conductors
reports. There is also the mandatory once-a-week car barn or shop day, where
the bus is regularly checked as to its mechanical, electrical, and hydraulic
aspects, whether or not there are problems thereon as reported by the driver
and/or conductor. They too, must be at specific place as [sic] specified time,
as they generally observe prompt departure and arrival from their point of
origin to their
point of destination. In each and every depot, there is always the
dispatcher whose function is precisely to see to it that the bus and
its crew leave the premises at specific times and arrive at the
estimated proper time. These, are present in the case at bar. The
driver, the complainant here in, as therefore under constant
supervision while in the performance of this work. He cannot be
considered field personnel(Autobus Transport System, Inc. V.
Bautista, G.R No. 156367, 16 May 200
 Basis of Computation of Overtime Pay
Regular wage which includes the cash wage only, without
deduction on account of the facilities provided by the employer
(LC, Art. 90)
 WAIVER OF OVERTIME PAY
GR: The right to overtime pay cannot be waived. The right is intended for the benefit of
the laborers and employees. Any stipulation in the contract that the laborer shall work
beyond 8 hours without additional compensation for the extra hours is contrary to law
and null and void.
The right cannot be waived, because while the workers did not claim overtime
pay until the commencement of the litigation, still the law gives them the right to claim
over time compensation and they could not be held to have impliedly waives such extra
compensation for the obvious reason that they could not have expressly waived it.
(Manila Terminal Co. Inc. v. CIR, 48 Official Gazette 7, p. 2725; Mercader vs. Manila
Polo Club, G.R. No. L-8373, 28 Sept. 1976)