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    Labor Relations and Negotiations - Powerpoint

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    SJ Catubay
    The document outlines key labor laws and policies in the Philippines based on the 1987 Constitution. It discusses the rights granted to employees, including the rights to a living wage, humane working conditions, self-organization, and collective bargaining. It also describes the rule of construction in favor of labor and how all doubts in interpreting labor laws and contracts must be resolved in the employee's favor. Finally, it discusses the tests used to determine an employer-employee relationship, including the four-fold test and economic reality/dependence test.

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    Labor Relations and Negotiations - Powerpoint

    Uploaded by

    SJ Catubay
    651 views8 pages
    The document outlines key labor laws and policies in the Philippines based on the 1987 Constitution. It discusses the rights granted to employees, including the rights to a living wage, humane working conditions, self-organization, and collective bargaining. It also describes the rule of construction in favor of labor and how all doubts in interpreting labor laws and contracts must be resolved in the employee's favor. Finally, it discusses the tests used to determine an employer-employee relationship, including the four-fold test and economic reality/dependence test.

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    The document outlines key labor laws and policies in the Philippines based on the 1987 Constitution. It discusses the rights granted to employees, including the rights to a living wage, humane working conditions, self-organization, and collective bargaining. It also describes the rule of construction in favor of labor and how all doubts in interpreting labor laws and contracts must be resolved in the employee's favor. Finally, it discusses the tests used to determine an employer-employee relationship, including the four-fold test and economic reality/dependence test.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    651 views8 pages

    Labor Relations and Negotiations - Powerpoint

    Uploaded by

    SJ Catubay
    The document outlines key labor laws and policies in the Philippines based on the 1987 Constitution. It discusses the rights granted to employees, including the rights to a living wage, humane working conditions, self-organization, and collective bargaining. It also describes the rule of construction in favor of labor and how all doubts in interpreting labor laws and contracts must be resolved in the employee's favor. Finally, it discusses the tests used to determine an employer-employee relationship, including the four-fold test and economic reality/dependence test.

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    BASIC POLICY OF LABOR LAW

    The 1987 Philippine Constitution


    Protection to Labor Clause
    Article XIII, Section 3: 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, and
    peaceful concerted activities, including the right to strike in accordance with law.
     
    They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also
    participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

    The State shall promote the principle of shared responsibility between workers and employers and the
    preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual
    compliance therewith to foster industrial peace.
     
    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 to investments, and to
    expansion and growth.
    The rights of employees under the 1987
    Constitution (WHOSE – CD)
    The rights granted to employees are the rights:
    1. To a living wage;
    2. To humane working conditions;
    3. To self-organization;
    4. To security of tenure;
    5. To engage in peaceful concerted activities which includes the right to strike, in
    accordance with law;
    6. To collective bargaining or negotiation with management;
    7. To participate in policy and decision-making processes affecting their rights
    and benefits as may be provided by law.
    CONSTRUCTION IN FAVOR OF LABOR

    Article 4 of the Labor Code.

    “Article 4. 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.”
    CONSTRUCTION IN FAVOR OF LABOR
    Follow this rule in interpreting and construing:
     
    a. DOUBTS OR AMBIGUITIES IN LABOR CONTRACTS such as
    employment contract and collective
    bargaining agreement (CBA);

    b. DOUBTS OR AMBIGUITIES IN EVIDENCE in labor cases.


    Employer – Employee Relationship
    Test to Determine Employer – Employee
    Relationship: The Four-Fold Test
    The elements are:
    1) The selection and engagement of the employee;
    2) The payment of wages;
    3) The power of dismissal; and
    4) The power to control the employee’s conduct
    (Means and Methods)
    Test to Determine Employer – Employee
    Relationship: Economic Reality/ Dependence Test

    The standard of “economic dependence” of the employee is


    whether the worker is dependent on the alleged employer for his
    continued employment in that line of business. (Orozco v. CA, GR No.
    155207, 2008)

    • This is resorted to when there is serious doubt as to the relationship of the employee with the
    employer. (Francisco v. NLRC, GR No. 170087, 2006)

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