Labor Code of the Philippines
Encyclopedia
The Labor Code of the Philippines stands as the law governing employment
practices and labor relations
in the Philippines. It was enacted on Labor day
of 1974 by President
Ferdinand Marcos
, in the exercise of his then extant legislative powers
.
and overtime
; employee benefits such as holiday pay, thirteenth month pay and retirement
pay; and the guidelines in the organization and membership in labor unions
as well as in collective bargaining
.
The Labor Code contains several provisions which are beneficial to labor
. It prohibits termination
from employment of Private employees
except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The right to trade union
is expressly recognized, as is the right of a union to insist on a closed shop
. Strikes
are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine jurisprudence
has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against management
.
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
practices and labor relations
Labor relations
Industrial relations is a multidisciplinary field that studies the employment relationship. Industrial relations is increasingly being called employment relations because of the importance of non-industrial employment relationships. Many outsiders also equate industrial relations to labour relations...
in the Philippines. It was enacted on Labor day
Labour Day
Labour Day or Labor Day is an annual holiday to celebrate the economic and social achievements of workers. Labour Day has its origins in the labour union movement, specifically the eight-hour day movement, which advocated eight hours for work, eight hours for recreation, and eight hours for...
of 1974 by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
, in the exercise of his then extant legislative powers
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
.
Features
The Labor Code prescribes the rules for hiring and termination of private employees; the conditions of work including maximum work hoursEight-hour day
The eight-hour day movement or 40-hour week movement, also known as the short-time movement, had its origins in the Industrial Revolution in Britain, where industrial production in large factories transformed working life and imposed long hours and poor working conditions. With working conditions...
and overtime
Overtime
Overtime is the amount of time someone works beyond normal working hours. Normal hours may be determined in several ways:*by custom ,*by practices of a given trade or profession,*by legislation,...
; employee benefits such as holiday pay, thirteenth month pay and retirement
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
pay; and the guidelines in the organization and membership in labor unions
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
as well as in collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
.
The Labor Code contains several provisions which are beneficial to labor
Labour movement
The term labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better treatment from their employers and governments, in particular through the implementation of specific laws governing labour...
. It prohibits termination
Termination of employment
-Involuntary termination:Involuntary termination is the employee's departure at the hands of the employer. There are two basic types of involuntary termination, known often as being "fired" and "laid off." To be fired, as opposed to being laid off, is generally thought of to be the employee's...
from employment of Private employees
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The right to trade union
Self-organization
Self-organization is the process where a structure or pattern appears in a system without a central authority or external element imposing it through planning...
is expressly recognized, as is the right of a union to insist on a closed shop
Closed shop
A closed shop is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times in order to remain employed....
. Strikes
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against management
Management
Management in all business and organizational activities is the act of getting people together to accomplish desired goals and objectives using available resources efficiently and effectively...
.
External links
- Labor Code of the Philippines - from websiteWebsiteA website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
of the Department of Labor and Employment - Labor Code Books 1-7