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    Report Labor Law 1 Art. 4

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    Marco Arpon
    This document discusses the interpretation and application of labor laws in the Philippines. It outlines several key principles: 1) Labor laws should be interpreted in favor of labor and the worker's welfare. Doubts are to be resolved in a way that protects employees. 2) Labor laws aim to equalize the bargaining power between employers and employees and shield workers from abuses, as they are in a weaker position. 3) Both employers and employees are important, and justice should be served regardless of status. While labor is protected, justice must be given based on facts and law.

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    Report Labor Law 1 Art. 4

    Uploaded by

    Marco Arpon
    68 views2 pages
    This document discusses the interpretation and application of labor laws in the Philippines. It outlines several key principles: 1) Labor laws should be interpreted in favor of labor and the worker's welfare. Doubts are to be resolved in a way that protects employees. 2) Labor laws aim to equalize the bargaining power between employers and employees and shield workers from abuses, as they are in a weaker position. 3) Both employers and employees are important, and justice should be served regardless of status. While labor is protected, justice must be given based on facts and law.

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    This document discusses the interpretation and application of labor laws in the Philippines. It outlines several key principles: 1) Labor laws should be interpreted in favor of labor and the worker's welfare. Doubts are to be resolved in a way that protects employees. 2) Labor laws aim to equalize the bargaining power between employers and employees and shield workers from abuses, as they are in a weaker position. 3) Both employers and employees are important, and justice should be served regardless of status. While labor is protected, justice must be given based on facts and law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views2 pages

    Report Labor Law 1 Art. 4

    Uploaded by

    Marco Arpon
    This document discusses the interpretation and application of labor laws in the Philippines. It outlines several key principles: 1) Labor laws should be interpreted in favor of labor and the worker's welfare. Doubts are to be resolved in a way that protects employees. 2) Labor laws aim to equalize the bargaining power between employers and employees and shield workers from abuses, as they are in a weaker position. 3) Both employers and employees are important, and justice should be served regardless of status. While labor is protected, justice must be given based on facts and law.

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    Labor Code

    1.Article 4. Construction In Favor of Labor Law (This article shows how to interpret labor laws)

    All doubts in the implementation and interpretation of the provisions of this Code, including its
    implementing rules and regulations, shall be resolved in favour of labor.

    2.Define Labor Law:

    Labor law is that branch of law that pertains to employees, employers and labor organizations; their
    rights and obligations and governs their relationship.

    3. So in in the interpretation and construction of labor we follow the Liberal Approach to


    Laborers welfare.

    -In carrying out and interpreting the Labor Codes provision and its implementing rules and
    regulations, the working mans welfare should be the primordial and paramount consideration.

    In addition, article 1702 of the CivilCode provides that in case of doubt, all labor legislations and all
    labor contracts shall be construed in favour of the safety and decent living for the labourer.

    This kind of interpretation gives meaning and substance to the liberal and compassionate spirit of
    the law as embodied in Art. 4 of the labor code and Article 1702 of the civil code. As well as the
    Constitutional mandate that the State shall afford full protection to labor and promote full
    employment opportunities for all.

    4. So what is the reason for according greater protection to employees?

    In matter of employment bargaining, there is no doubt the employer stands on higher footing than
    the employee.

    Consequently, the law must protect labor: to the extent of raising him to equal footing in bargaining
    relations with capital and to shield him from abuses brought about by the necessity for survival.

    The 1987 Constitution (Art II, Sec 18) declares as a state policy that the state affirms labor as
    primary social economic force. It shall protect the rights of workers and promote their welfare.

    The Constitution specifies the guaranteed basic rights of workers, namely:

    (1) to organize themselves (2) to conduct collective bargaining(3) to engage in peaceful


    concerted activities, including to strike in accordance with law (4) to enjoy security of tenure (5) to
    work under humane conditions (6) to receive a living wage (7) to participate in policy and decision-
    making process affecting their rights and benefits as may be provided by law.

    5. Moreover, the right to obtain justice is enjoyed by all members of society, rich or poor, worker
    or manager, alien or citizen. Justice belongs to everyone. Justice not expediency is the higher end
    of law. And the law does not favour favouritism amounting to injustice.

    6. Although this code hardly mentions the employer, except in regulating their relations. The plain
    reality is that both sector needs each other.They are interdependent.
    7. In as much as the SC has inclined more often than not toward the worker and upheld his cause
    in his conflicts with the employer.Such favouritism, however, has not blinded the SC to rule that
    justice is in every case for the deserving, to be dispensed in light of the established facts and
    applicable law and doctrine.

    The Sec of Labor is duly mandated to equally protect and respect both the employee and employer.

    The following are the most fundamental of the management rights of an employer:

    1Right to ROI or Return of Investments.


    2Right to prescribe Rules (binding and valid on the parties unless shown to be grossly oppressive or
    contrary to law.
    3Right to Select Employees.
    4Right to Transfer or Discharge Employees

    8. The law imposes restrictions to management rights


    Art. 19 of civil code expressly restricts these rights. A right if abused becomes a legal wrong.
    Management rights are subject to limitations provided by law, contracts and general principles of
    fair play and justice.

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