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LABOR LAW 1 8.

Learner-
Book II, Title II, Chapter II- Article 73 of the Labor Code
Definition of Terms Learners are persons hired as trainees in semi-skilled and
other industrial occupations which are non-apprenticeable
1. Labor- is understood as physical toil, although it does not and which may be learned through practical training on the
necessarily involve skill. (Skill is the familiar knowledge of job in a relatively short period of time which shall not exceed
any art or science, united with readiness and dexterity in three (3) months.
execution or performance in the application of science or art
to practical purposes.) Provisions

2. Labor Standards- The minimum terms and conditions of 1. Article II of the Constitution
employment to which employees are legally entitled and Section IX. The State shall promote a just and dynamic
with which employers must comply. social order that will ensure the prosperity and
independence of the nation and free the people from
3. Labor Relations- The individual and collective interactions poverty through policies that provide adequate social
of employers and employees or their representatives and services, promote full employment, a rising standard of
the institutional mechanisms by which the standards and living, and an improved quality of life for all.
other terms and conditions of employment are negotiated,
adjusted, and enforced. Section X. The State shall promote social justice in all
phases of national development.
4. Labor Law and Social Legislations- Social legislation
includes laws that provide particular kinds of protection or Section XI. The State values the dignity of every human
benefits to society or segments thereof in furtherance of person and guarantees full respect for human rights.
social justice. In that sense, labor laws are necessarily
social legislation. Section XIII. The State recognizes the vital role of the youth
in nation-building and shall promote and protect their
5. Employer- physical, moral, spiritual, intellectual, and social well-being.
Book V, Title I- Article 212, Section 1 of the Labor Code It shall inculcate in the youth patriotism and nationalism, and
(e) “Employer” includes any person acting in the interest of encourage their involvement in public and civic affairs.
an employer, directly or indirectly. The term shall not include
any labor organization or any of its officers or agents except Section XIV. The State recognizes the role of women in
when acting as employer. nation-building, and shall ensure the fundamental equality
before the law of women and men.
6. Employee-
Book V, Title I- Article 212, Section 1 of the Labor Code Section XIX. The State shall develop a self-reliant and
(f) “Employee” includes any person in the employ of an independent national economy effectively controlled by
employer. The term shall not be limited to the employees of Filipinos.
a particular employer, unless the Code so explicitly states. It
shall include any individual whose work has ceased as a Section XX. The State recognizes the indispensable role of
result of or in connection with any current labor dispute or the private sector, encourages private enterprise, and
because of any unfair labor practice if he has not obtained provides incentives to needed investments.
any other substantially equivalent and regular employment.
2. Article III of the Constitution
(m) “Managerial employee” is one who is vested with the Section I. No person shall be deprived of life, liberty, or
powers or prerogatives to lay down and execute property without due process of law, nor shall any person be
management policies and/or to hire, transfer, suspend, denied the equal protection of the laws.
lay-off, recall, discharge, assign or discipline employees.
Supervisory employees are those who, in the interest of Section VII. The right of the people to information on matters
the employer, effectively recommend such managerial of public concern shall be recognized. Access to official
actions if the exercise of such authority is not merely records, and to documents, and papers pertaining to official
routinary or clerical in nature but requires the use of acts, transactions, or decisions, as well as to government
independent judgment. All employees not falling within any research data used as basis for policy development, shall
of the above definitions are considered rank-and-file be afforded the citizen, subject to such limitations as may be
employees for purposes of this Book. provided by law.

Book II, Title II- Article 82 of the Labor Code Section VIII. The right of the people, including those
… As used herein, “managerial employees” refer to those employed in the public and private sectors, to form unions,
whose primary duty consists of the management of the associations, or societies for purposes not contrary to law
establishment in which they are employed or of a shall not be abridged.
department or subdivision thereof, and to other officers or
members of the managerial staff. … Section XVIII. (1) No person shall be detained solely by
reason of his political beliefs and aspirations.
7. Apprentice- (2) No involuntary servitude in any form shall exist except as
Book III, Title I- Article 58 of the Labor Code a punishment for a crime whereof the party shall have been
(b) An “apprentice” is a worker who is covered by a written duly convicted.
apprenticeship agreement with an individual employer or
any of the entities recognized under this Chapter.
3. Article XIII of the Constitution
Section I. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right
of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.

Section II. The promotion of social justice shall include the


commitment to create economic opportunities based on
freedom of initiative and self-reliance.

Section III. 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 on investments, and to expansion and
growth.

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