Download as RTF, PDF, TXT or read online from Scribd
Download as rtf, pdf, or txt
You are on page 1/ 2
LABOR STANDARDS
Labor Code of the Philippines Annotated by Ungos
PRELIMINARY TITLE CHAPTER 1 GENERAL PROVISIONS Art. 1.
Name of Decree
. - This Decree shall be known as the Labor Code of the Philippines.
COMMENT:
1. Salient Features of the Labor Code a. It re-orients labor laws towards
development and employment goals; b. It institutionalizes the NLRC to facilitate the speedy settlement of labor disputes; c. It establishes a new system of workmens compensation; d. It establishes a system for employment of overseas workers and optimizes national benefit therefrom in the form of dollar remittances and improved skills and technology for our people; and e. It institutionalizes voluntary arbitration as a mode of settling labor disputes.
Art. 2.
Date of Effectivity.
This Code shall take effect six (6) months after its promulgation. COMMENT:
1. Effectivity of the Labor Code
Took effect on November 1, 1974
Promulgated on May 1, 1974
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 assurethe rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. COMMENT:
1. Reason for Affording Protection to Labor
8 Protection to labor is intended to raise the worker to equal footing with the employer and shield him from abuses brought about by the necessity for survival.
Sanchez vs. Harry Lyons
employer stands on higher footing than the employee. First, there is
greater supply than demand for labor. Second, the need for employment by labor comes from vital and even desperate necessity.
Article 24 of the Civil Code In all contractual property or other relations,
when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.
2. Extent of the Protection
The protective mantle is available not only against oppressive employees but also against unscrupulous union leaders.
Heirs of Teodulo Cruz vs. CIR
The union is an agent of its members for the purpose of securing for them fair and just wages and good working conditions and is subject to the obligation of giving the members as its principals all information relevant to union and labor matters entrusted to it. In the case, the union leadership was recreant in its duty towards the union members for failing to disclose the full situation of their judgment credit against respondent. Fair dealings, which is fiduciary in nature, arises from two factors: a. Degree of dependence of the individual employee on the union organization b. A corollary of the first; is the comprehen
Digest - G.R. No. L-23825 Pelaez Vs Auditor General (Separation of Powers, Non-Delegability of Legislative Power, Completeness and Sufficient Standard Test)
