LABOR LAW REVIEW the right of the people peaceably to assemble and

Compilation of Provisions petition the government for redress of grievances.

SECTION 7. The right of the people to information on

Fundamental Principles in Labor Law matters of public concern shall be recognized. Access
to official records, and to documents, and papers
A. Constitutional and Statutory Basis pertaining to official acts, transactions, or decisions, as
well as to government research data used as basis for
1. CONSTITUTIONAL PROVISIONS policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
a. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.
SECTION 9. The State shall promote a just and SECTION 8. The right of the people, including those
dynamic social order that will ensure the prosperity and employed in the public and private sectors, to form
independence of the nation and free the people from unions, associations, or societies for purposes not
poverty through policies that provide adequate social contrary to law shall not be abridged.
services, promote full employment, a rising standard of
living, and an improved quality of life for all. SECTION 10. No law impairing the obligation of
contracts shall be passed.
SECTION 10. The State shall promote social justice in
all phases of national development. SECTION 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
SECTION 11. The State values the dignity of every quasi-judicial, or administrative bodies.
human person and guarantees full respect for human
rights. SECTION 18.
(2) No involuntary servitude in any form shall exist
SECTION 13. The State recognizes the vital role of the except as a punishment for a crime whereof the party
youth in nation-building and shall promote and protect shall have been duly convicted.
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and c. Article XII, Secs. 1, 6, 12.
nationalism, and encourage their involvement in public SECTION 1. The goals of the national economy are a
and civic affairs. more equitable distribution of opportunities, income,
and wealth; a sustained increase in the amount of
SECTION 14. The State recognizes the role of women goods and services produced by the nation for the
in nation-building, and shall ensure the fundamental benefit of the people; and an expanding productivity as
equality before the law of women and men. the key to raising the quality of life for all, especially the
underprivileged.
SECTION 18. The State affirms labor as a primary
social economic force. It shall protect the rights of SECTION 6. The use of property bears a social
workers and promote their welfare. function, and all economic agents shall contribute to
the common good. Individuals and private groups,
SECTION 20. The State recognizes the indispensable including corporations, cooperatives, and similar
role of the private sector, encourages private collective organizations, shall have the right to own,
enterprise, and provides incentives to needed establish, and operate economic enterprises, subject to
investments. the duty of the State to promote distributive justice and
to intervene when the common good so demands.
b. Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2).
SECTION 1. No person shall be deprived of life, liberty, SECTION 12. The State shall promote the preferential
or property without due process of law, nor shall any use of Filipino labor, domestic materials and locally
person be denied the equal protection of the laws. produced goods, and adopt measures that help make
them competitive.
SECTION 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or d. Article XIII, Secs. 1, 2, 3, 13, 14
SECTION 1. The Congress shall give highest priority to
the enactment of measures that protect and enhance Cases:
the right of all the people to human dignity, reduce Tirazona vs. Phil Eds Techno Service - Separation pay
social, economic, and political inequalities, and remove shall be allowed as a measure of social justice only in
cultural inequities by equitably diffusing wealth and those instances where the employee is validly dismissed
political power for the common good. for causes other than serious misconduct or those
To this end, the State shall regulate the acquisition, reflecting on his moral character.
ownership, use, and disposition of property and its
increments. Social justice cannot be permitted to be [a] refuge of
scoundrels any more than can equity be an impediment
SECTION 2. The promotion of social justice shall to the punishment of the guilty. Those who invoke social
include the commitment to create economic justice may do so only if their hands are clean and their
opportunities based on freedom of initiative and self- motives blameless and not simply because they happen
reliance. to be poor.

SECTION 3. The State shall afford full protection to Best Wear Garments vs. de Lemos - While the
labor, local and overseas, organized and unorganized, Constitution is committed to the policy of social justice
and promote full employment and equality of and the protection of the working class, it should not be
employment opportunities for all. supposed that every labor dispute will be automatically
decided in favor of labor. Management also has its rights
It shall guarantee the rights of all workers to self- which are entitled to respect and enforcement in the
organization, collective bargaining and negotiations, interest of simple fair play. Thus, where management
and peaceful concerted activities, including the right to prerogative to transfer employees is validly exercised, as
strike in accordance with law. They shall be entitled to in this case, courts will decline to interfere.
security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and Valid exercise of management prerogative in transfer of
decision-making processes affecting their rights and employees:
benefits as may be provided by law. - There is no demotion in rank or diminution of
salary, benefits, and other privileges; and
The State shall promote the principle of shared - The action is not motivated by discrimination,
responsibility between workers and employers and the made in bad faith, or effected as a form of
preferential use of voluntary modes in settling disputes, punishment or demotion without sufficient cause
including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace. Jamer vs. NLRC -

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.

SECTION 13. The State shall establish a special

agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration
into the mainstream of society. Gandara vs. NLRC - In holding the constitutional mandate
of protection to labor, the rigid rules of procedure may
SECTION 14. The State shall protect working women sometimes be dispensed with to give room for
by providing safe and healthful working conditions, compassion. The doctrine of compassionate justice is
taking into account their maternal functions, and such applicable under the premises, private respondent being
facilities and opportunities that will enhance their the breadwinner of his family. The Social Justice policy
welfare and enable them to realize their full potential in mandates a compassionate attitude toward the working
the service of the nation. class in its relation to management. In calling for the
protection to labor, the Constitution does not condone
wrongdoing by the employee, it nevertheless urges a
moderation of the sanctions that may be applied to him in
the light of the many disadvantages that weigh heavily on
him like an albatross on his neck.

2. CIVIL CODE
a. Article 19
Article 19. Every person must, in the exercise of his
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.

b. Article 1700
Article 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 lockouts, closed shop, wages,
working conditions, hours of labor and similar subjects.

c. Article 1702
Article 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.

3. LABOR CODE
Books I, II, III, IV, V, VI and VII

B. Basic Concepts and Doctrines

1. Shared Responsibility - Industrial peace cannot be
achieved if the employees are denied their just
participation in the discussion of matters affecting their
rights. Thus, even before Article 211 of the Labor Code
was amended by RA 6715, it was already declared a
policy of the State: “(d) To promote the enlightenment of
workers concerning their rights and obligations . . . as
employees.” This was, of course, amplified by RA 6715
when it decreed the “participation of workers in decision
and policy making processes affecting their rights, duties
and welfare.” (PAL v. NLRC, 1993)

2. Preference for Labor; Liberal Interpretation