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Labor Law in the Philippine Context: Employer - Employee Relationship

Art 2, Section 18

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

2. Labor, a primary social economic force – It recognizes the basic fact that human labor is not merely an article of commerce or a factor of production to be similarly treated as land, tools, or machinery.

What are the workers' rights?

1. Right to self-organization

2. Right to collective bargaining

3. Right to collective negotiation

4. Right to peaceful and concerted activities including the right to strike

5. Right to security of tenure

6. Right to just and humane conditions of work

7. Right to a living wage

8. Right to participate in policy and decision-making processes

Article 13, section 3

Promotion of Full Employment and Equal Work Opportunities

1. Creation of employment opportunities imperative.

2. State has duty to eliminate discriminatory practices.

3. Useful labor essential to personal dignity and development.

4. Duty of every citizen to engage in gainful work.

Article 9, B, section 2 (1)

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 civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

Norms of Conduct of Public Officials and Employee

Principles of Shared Responsibilities

1.Commitment to public interest

2.Professionalism

3.Justness and sincerity

4.Political neutrality

5.Responsiveness to the public

6.Nationalism and patriotism Philippines.

7.Commitment to democracy

8.Simple living

1. Duty of management and labor

2. Duty of the state

Art 3, Section 8

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Methods for Resolving Labor Disputes

1. Collective Bargaining

2. Arbitration

a. Voluntary

b. Compulsory

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