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Laws of the land

Laws rules and regulations promulgated by legal authority


Constitution supreme laws of the land

Branches of Government

1. Executive Branch (to implement)


Executive Order
Presidential Decree
Presidential Proclamation
Special/General Order
Letter of Instruction
2. Legislative Branch (to enact)
Republic Act
Batasan Pambansa
Commonwealth Act
Act
Resolution-Temporary Law
3. Judiciary Branch (to interprets)
Decision of the Court
(Court Order/Ruling)
Rules of Court (RC)
4. Con-Com (independent bodies)
Civil Service Commission
COMELEC
Com. on Audit
TESDA (to conduct training at private companies

Inherent Power of the Government

1. Police Power power of the govt to enact wholesome and reasonable law
2. Eminent Power (inherent functions) implement through expropriation-the taking of private
property for public use
3. Taxation (RA8424-CTRP)

3 Kinds of Sanctions

1. Administrative (RSD) Reprimand, Suspension, Dismissal


2. Criminal (FIFPLEE) Fine, Imprison, Fortitude, Payment, Liability, Execution, Exile
3. Civil (MANTLE)Moral, Actual, Nominal, Damage, Temperate, Liquidated, Exemplary

Constitution - 2 Provision:

Sec.18.Art.II-Declaration of Principles of State Policy. It affirms labor as primary labor forces to


protects the rights and welfare of the people
Sec.3.Art.XIII-Social Justice

Labor Laws (Social Legislation)

1. Labor Standard laws are those, which pertains to condition of employment


Security & Tenure
Human Condition
A Just Compensation
A Just Share and productivity
2. Labor Relation - laws govern the relationship between employers and their employees as a unit
Self-organization
Collective Bargaining & Negotiating
Participation in Planning and Decision making affecting rights and benefits
Peaceful Concerted Activities

4 Elements in employee-employer relationship

1. Power to hire
2. Power to pay
3. Power to dismiss
4. Power to control the work

Due process given a day in court a chance to answer the charges against you

Abandoning the work is a criminal offense

2 consecutive evaluations for non-performing employees you want to dismiss

Association has juridical personality (register with SEC)

Union has legal personality, means to deal with (register with DOLE)

Juridical when you register with SEC: non-stock/non-profit, profit/stock corp., organizer

The organizer and organization have separate and distinct juridical personality. When problem arising go
to SEC and regular courts

Regular Courts: Supreme Court


Court of Appeal
Regional Trial Court
Municipal Trial Court
BASIC RIGHTS OF WORKERS

1. Security of Tenure
2. Hours of Work
3. Weekly Rest Day
4. Wage and Wage Related Benefits
5. Payment of Wages
6. Employment of Women
7. Employment of Young Workers
8. Safe and Healthful Conditions of Work and Welfare Services
9. Self-organization and Collective Bargaining
10. Labor Education thru Seminars, Dialogs and Information, Education and Communication
Materials
11. Peaceful Concerted Activities in Accordance with Law
12. Participation in Policy and Decision Making Process affecting their Rights and Benefits
13. Free Access to the Courts and Quasi-Judicial Bodies and Speedy Disposition of their
cases
14. ECC Benefits for work related contingencies
15. SSS Benefits

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