Labor Law for Leaders

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LABOR LAW FOR LEADERS There is a need for the leaders of the organization to get a solid background and knowledge of employment and collective labor law, and how to use the labor law in their daily handling of employment matters. Labour law (also called labor law or employment law) is the body of laws , administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to the tripartite relationship between employee, employer and union. THE LABOR MOVEMENT A labor union, or trade union, is an association of fair wage- earners uniting for the purpose of maintaining and improving the conditions of their employment. STATUS OF EARLY PHILIPPINE LABOR During this time, the workers were not protected by any labor law or accorded protection by the government as there were hardly any labor law regulating labor and employment in the Philippines. The Philippine legislature passed a few laws: Act no. 1874 – passed on June 19, 1908. Known as the Employer’s Liability Act. This law provides for compensation of employees who were injured or killed while working. Act no. 2549 – declaring unlawful the act of employer, compelling workers to purchase merchandise from them and paying their wages in the form of tokens. Act no. 3071 – passed on March 16, 1923, regulating the employment of women and children in shops and factories. Act no. 4123 – passed on August 26, 1935 establishing an 8-hour workday.

Transcript of Labor Law for Leaders

Page 1: Labor Law for Leaders

LABOR LAW FOR LEADERS

There is a need for the leaders of the organization to get a solid background and knowledge of employment and collective labor law, and how to use the labor law in their daily handling of employment matters.

Labour law (also called labor law or employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to the tripartite relationship between employee, employer and union.

THE LABOR MOVEMENT

A labor union, or trade union, is an association of fair wage-earners uniting for the purpose of maintaining and improving the conditions of their employment.

STATUS OF EARLY PHILIPPINE LABOR

During this time, the workers were not protected by any labor law or accorded protection by the government as there were hardly any labor law regulating labor and employment in the Philippines.

The Philippine legislature passed a few laws:

Act no. 1874 – passed on June 19, 1908. Known as the Employer’s Liability Act. This law provides for compensation of employees who were injured or killed while working.

Act no. 2549 – declaring unlawful the act of employer, compelling workers to purchase merchandise from them and paying their wages in the form of tokens.

Act no. 3071 – passed on March 16, 1923, regulating the employment of women and children in shops and factories.

Act no. 4123 – passed on August 26, 1935 establishing an 8-hour workday.

EARLY POLICIES ADOPTED BY THE GOVERNMENT IN SETTLING LABOR DISPUTES

Labor Law for Leaders

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The labor MovementLabor Unions -Can be defines as an organization of employees that usescollective action to advance its members interest in regards to wages, benefits , working conditions, and other terms and conditions of employment.STATUS OF EARLY PHILIPPINE LA BOR

The Philippine legislature passed a few laws affecting the relationship between labor andemployer, to name a few:a.Act No. 1874- passed on June 19, 1908 and known aasthe Employer s Liability Act. ThisLaw provides for compensation of employees who were injured or killed whileworking.b.Act No. 2549 - declaring unlawful the act of employer, compelling the workers topurchase merchandise from them and paying their wages in the form of tokens.c.Act No. 3071- passed on March 16, 1923, regulating the employment of women andchildren in shop and factories.d.Act No. 4123- passed on August 26,1935 establishing an 8-hour workday.yArt. XIV Sec 6- The State shall afford protection to labor especially to working womenand minors and shall regulate the relationship between landowner, tenant, worker andemployer in industry and agriculture. The State may provide for compulsory arbitration.yArt II. Sec 5- The promotion of social justice to insure the well being and economicsecurity of all the people should be the concern of the State.

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EA RLY POLICIES AD OP T E D

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BY T HE GOVERNMENTINSE TT LING L A BOR DISPUTES1.Commonwealth Period (1936-1953)2.Industrial Peace Act Period (1953-1972)3.Martial Law (1972-1986)4.Post martial Law period (1986 up to present)T HE PHILIPPINE L A BOR CODEyBook I- Pre-Employment-deals with the recruitment and placement of workers. Itupdated two old laws about recruitment and placement, namely: Act No. 3486 whichfixed a tax upon every person or entity engaged in recruiting or contracting labourers inthe country and Act No. 3957, The private Agency Law.yBook II- Human Resource Development Program-covers two main subjects, the nationalmanpower development program pertaining to RA No. 5462 National Manpower and Out-of-School Youth Development Act, and the training and employment of specialworkers such as apprentices, learners, and handicapped workers.yBook III- Conditions of Employment-deals with hours of work, weekly rest periods,holidays, and incentives leaves. It also discusses wages and working conditions for specialgroups of employees such as women, minors, house helper, and home workers.

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yBook IV- Health, Safety, and Social WelfareBenefits- covers medical, dental, and occupational healthsafety, employee s compensation and State Insurance Fund, Medicare (Medical Care Act RA No. 611), andadult education.yBook V- Labor Relations-Talks about the major labor laws, the role/function of the National LaborRelation Commission (NLRC) and the bureau of the Labor Relations (

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BLR). It gives a comprehensivediscussion on labor organization, collective bargaining agreements, grievance machinery and voluntary arbitration, conciliation and mediation, strikes and lockout. It includes act of unfair labor practices thatboth the employer and labor organizations may commit.yBook VII- Post employment- a security of tenure law updating RA No. 1052 and RA No. 1787 known asthe Termination Pay Law. It also deals with the different labor laws pertaining to resignation, layoff, andretirement from service.yBook VI- Penal Provisions, Liabilities, Prescription of Offenses and Claims and Transitory Provisions.T HE FOLLOWING A RE THE BA SIC RIGTHSOF WORKER S(www.dole.gov.p h)1 . Equal Work Opportunities forA llTheState2.Security of TenureJust CauseA uthorized Cause

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Due Process