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Labor Law Provisions in the Philippines 1987 Constitution The Labor Code Labor Standards Labor Relations New Civil Code Other Special Laws (GSIS, SSS, Kasambahay Law, etc.) Constitutional Provisions 1. Article II. Declaration of Principles and State Policies Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. > this is the FIRST of two Protectionstoslabor ciauses Constitutional Provisions Article III. Bill of Rights - Section 1. Due process and egual protection - Section 4. Freedom of speech, of expression, or of the press, or of the right of the people to peaceably assemble and petition the government for redress of grievances. * Freedom of Association Right of public and private sector employees to form unions, associations, or societies for purposes not contrary to law shall not be abridged Constitutional Provisions Article II. Declaration of Principles and State Policies 2. Article III. Bill of Rights . Non-impairment of obligations of contracts . Right to speedy disposition of cases in judicial, quasi-judicial or administrative bodies . Prohibition against involuntary servitude Constitutional Provisions Article II. Declaration of Principles and State Policies 3. Article XIII. Social Justice and Human Rights Section 3. 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. > this is the SECOND of two Protection-to-labor clausesMay cases be file on violation of the foregoing constitutional provisions? . NO. . Why? The labor-related provisions are: . Merely statements of principles . NOT self-executing Labor Case . Dispute between employer and employees In Labor cases, is RIGHT TO COUNSEL mandatory? . No. . Lopez Doctrine: . Lopez v. Alturas Group of Companies: . The right to counsel is neither indispensable nor mandatory. It becomes mandatory only in two (2) situations: 1. When the employee himself requests for counsel; or 2. When he manifests that he wants a formal hearing on the charges against him, in which case, he should be assisted by counsel.Is HEARING before an employee may be dismissed mandatory? No. As per Perez Doctrine (see 2009 case of Perez v. PT & T): Hearing is no longer mandatory EXCEPT in the ff. cases: 1. When requested by the employee in writing; or 2. When substantial evidentiary disputes exist; or 3. When a company rule or practice requires it; or 4. When similar circumstances justify it. New Civil Code of the Philippines . Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. New Civil Code of the Philippines . Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. . In relation to: . Labor Code ART. 4. Construction in favor of labor. - All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.Recruitment and Placement . Definitions: "Worker" means any member of the labor force, whether employed or unemployed. Art. 13. Definitions: "Recruitment and placement" refers to any act of: (CETCHUP) . Canvassing . Enlisting . Contracting Transporting . Utilizing . Hiring or Procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement. Art. 13. Definitions: "Private fee-charging employment agency" means any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. "Private recruitment entity" means any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.Art. 13. Definitions: \"License\" means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. \"Authority\" means a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. Art. 13. Definitions: \"Seaman\" means any person employed in a vessel engaged in maritime navigation. \"Overseas employment\" means employment of a worker outside the Philippines. r'Emigrant\" means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination, What is Illegal Recruitment? Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 142, as amended otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. (sec. 6, RA 8042). What is Illegal Recruitment? It shall likewise include the following acts, whether committed by any persons, whether a nonlicensee, nonholder, licensee or holder of authority. [a] To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance; (b To furnish or publish any false notice or information or document in re ation to recruitment or employment; What is Illegal Recruitment? (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code; (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment; (e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency; What is Illegal Recruitment? (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines; (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative; (h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment; What is Illegal Recruitment? (i) To substitute or alter to the prejudice of the worker; employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval ofthe Department of Labor and Employment; (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency; What is Illegal Recruitment? (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations; (I) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment; in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. Illegal Recruitment Involving Economic Sabotage - By a Syndicate: Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. 'In Large Scale: It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. Who are liable? The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case ofjuridical persons, the officers having control, management or direction of their business shall be liable. Some form of illegal recruitment include: Leaving the country as a tourist but with the intention of working abroad - Escort Services w tourist/workers \"escorted\" at the country's airports and seaports - By Correspondence applicants are encouraged by the recruiter to comply with employment requirements and placements through mail - Blind Ads fraudulent and misleading advertisements promising facility of employment Some form of illegal recruitment include: ' Au Pair an inter-cultural program wherein a host family sponsors a person to study language and culture for a monthly allowance in exchange for a home to stay in - Backdoor int going out of the country through some airports and seaports in the southern part of the Philippines ' Camouflaged participation in foreign seminars and sports events - Workers leave. as participants in seminars or sports events but eventually finding jobs in the host country. - Traineeship Scheme Hotel and Restaurant Management [HRMl students leaving in the guise of a traineeship program for hotels abroad but eventually landing jobs in the training establishment. The Philippine Overseas Employment Administration (POEA) has come up with some tips on how to prevent illegal recruitment: - Do not apply at recruitment agencies not licensed by POEA. - Do not deal with licensed agencies withoutjob orders. - Do not deal with any person who is not an authorized representative of a licensed agency. - Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority. - Do not pay more than the allowed placement fee. It should be equivalent to onemonth salary, exclusive of documentation and processing costs. The Philippine Overseas Employment Administration (POEA) has come up with some tips on how to prevent illegal recruitment: - Do not pay any placement fee unless you have a valid employment contract and an official receipt. - Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers. - Do not deal with training centers and travel agencies, which promise overseas employment. - Do not accept a tourist visa. - Do not deal with fixers