Labor Code of the Philippines Reviewer | Preliminary Titles - Chapters I & II | CHRA, Bar, Labor Law

Summary

This script discusses the Philippine Labor Code, enacted on Labor Day 1974 by President Marcos, covering topics like employee rights, conditions of work, and union regulations. It addresses the legality of strikes, emphasizing strict compliance with code requirements. The script also highlights the state's role in ensuring equal work opportunities and regulating labor relations. Additionally, it covers agrarian reform, detailing the emancipation of tenants, land ownership provisions for tenant farmers, and the process for land valuation and transfer, including the responsibilities of the Department of Agrarian Reform.

Takeaways

• 📜 The Labor Code of the Philippines was enacted on Labor Day of 1974 by President Ferdinand Marcos.
• 🚫 The Labor Code does not include rules for hiring and termination of private employees, conditions of work, employee benefits, and guidelines for labor union organization and membership.
• ✅ The right to trade union and the right of a union to insist on a closed shop are expressly recognized.
• ✅ Strikes are authorized by the Labor Code as long as they comply with strict requirements.
• ✅ Workers who organize or participate in illegal strikes may be subject to dismissal.
• ✅ 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.
• ✅ The state ensures equal work opportunities regardless of sex, race, or creed.
• ✅ The state regulates relations between workers and employers to maintain fair policy.
• ✅ The implementation and interpretation of the code shall be resolved in favor of Labor, not employers.
• ⏳ Rules and regulations become effective 15 days after their announcement in newspapers of general circulation.
• 👩‍🌾 Chapter 2 of the Labor Code, emancipation of tenants, aims to emancipate the tiller of the soil from his bondage.
• 🏞️ Tenant farmers of private land devoted to rice and corn are granted ownership of land under Article 8.
• 🏡 Landowners may retain an area of not more than 7 hectares if they are cultivating or will cultivate it.
• 💼 The Department of Agrarian Reform is assigned to implement the provisions of Chapter 2 regarding tenant farmers.

Q & A

When was the Labor Code of the Philippines enacted?

The Labor Code of the Philippines was enacted on Labor Day of 1974 by President Ferdinand Marcos.

Which aspect is not included in the Labor Code?

The aspect not included in the Labor Code is guidelines in the organization and membership of labor unions.

Is the right to trade union expressly recognized in the Labor Code?

Yes, the right to trade union is expressly recognized in the Labor Code.

Are all forms of strikes allowed under the Labor Code?

No, all forms of strikes are not allowed. Strikes are authorized for as long as they comply with the strict requirements under the code.

Can workers who organize or participate in illegal strikes be dismissed?

Yes, workers who organize or participate in illegal strikes may be subject to dismissal.

Does the Labor Code apply to non-agricultural workers?

Yes, the Labor Code applies to all workers, whether agricultural or non-agricultural.

What is the aim of Chapter 2, emancipation of tenants, in the Labor Code?

The aim of Chapter 2 is to emancipate the tiller of the soil from his bondage.

What type of agricultural land grants tenant farmers ownership of land according to Article 8?

Private land devoted to rice and corn grants tenant farmers ownership of land.

What is the maximum area that a landowner may retain if cultivating the land?

The landowner may retain an area of not more than 7 hectares if cultivating such area.

How is the value of the transferred land determined?

The value of the transferred land is determined to be equivalent to 2.5 times the average harvest of three crop years.

What is the time frame given to tenant farmers to pay for the transferred land?

The time frame given to tenant farmers to pay for the transferred land is 15 years of 15 equal annual amortizations.

Who is responsible for implementing the provisions of Chapter 2 of the Labor Code?

The Department of Agrarian Reform is assigned to implement the provisions of Chapter 2 of the Labor Code.