Labor Law, Social Legislation, Purpose of Labor Legislation

Labor law

Labor law is the body of rules and principles which governs the relation between labor and management in the collective. This term may also refer to:

a. Labor standards laws - prescribe the terms and conditions of employment as affecting wages or monetary benefits, hours of work, cost of living allowances, and occupational health, safety and welfare of the workers.

b. Labor relations laws – denote all matters arising out of employer-employee relationship involving the concerted action on the part of the workers which is usually related with right to self-organization, collective bargaining and negotiations processes.

In the Philippines, Presidential Decree No. 442, the Labor Code of the Philippines stands as the law governing employment practices and labor relations. It was enacted on May 1, 1974 and took effect on November 1, 1974. It prescribes the rules for hiring and termination of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, 13th 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 a just or authorize causes. 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.

Social Legislation

According to the Dictionary of Sociology by Fairchild “Social legislation means laws designed to improve and protect the economic and social position of those groups in society which because of age, sex, race, physical or mental defect or lack of economic power cannot achieve health and decent living standards for themselves”.

In relation to labor, it is a law governing the employer-employee relationship while the latter is not “at work” due to hazards arising from employment. It is designed to uplift and protect the welfare of the worker and his family because of the hazards beyond his control which immobilize him from working. (Poquiz, Labor Standards Law, 2)

Some examples of social legislation laws enacted in the Philippines are Social Security Act of 1997 (R.A. 8282) and Retirement Law (R.A. 7641).

Differences of Labor Law and Social Legislation

Labor Law	Social Legislation
Direct in its application as it affects directly actual employment such as wages.	Governs the effect of employment such as compensation for injuries and death.
Design to meet the daily needs of a worker.	Design to meet long-range benefits.
Covers employment for profit or gain.	Covers employment for gain or non-profit.
Affects the work of the employee.	Affects the life of the employee.
Benefits are paid by the employer.	Benefits are paid by government agencies administering the program.

Purpose of Labor Legislation

The purpose of labor legislation is to protect the worker from its employer and to correct the injustices that are inherent in employer-employee relationship. It provides the set of restrictions upon the worker in his relationship with the employer and vice-versa in order to maintain industrial peace and harmony; thereby promoting industrial peace. Lastly, to promote the welfare of the people based on the Latin maxim “salus populi est suprema lex”, which means the welfare of the people is the first law.