Labor Code of the Philippines Reviewer | Preliminary Titles - Chapters I & II | CHRA, Bar, Labor Law
Summary
TLDRThis 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.
Outlines
📜 Labor Code of the Philippines
The Labor Code of the Philippines was enacted on Labor Day of 1974 by President Ferdinand Marcos. It includes various provisions such as rules for hiring and termination of private employees, conditions of work including maximum work hours and overtime, employee benefits like holiday pay, 13th month pay, and retirement, and guidelines for the organization and membership of labor unions. The Labor Code also recognizes the right to trade union and the right of a union to insist on a closed shop. Strikes are authorized as long as they comply with strict requirements under the code. Workers participating in illegal strikes may face dismissal. Philippine jurisprudence has a rule that any doubts in the interpretation of the 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 and regulates relations between workers and employers. The implementation and interpretation of the code are resolved in favor of labor.
🌾 Emancipation of Tenants in the Philippines
Chapter 2 of the Labor Code focuses on the emancipation of tenants, aiming to free the tiller of the soil from his bondage. It grants ownership of private land devoted to rice and corn to tenant farmers. The land is transferred in stipulated sizes, except for 10 hectares with no conditions. The landowner may retain an area of not more than 7 hectares if they are cultivating it. The value of the transferred land is determined as equivalent to 2.5 times the average harvest of three crop years. Tenant farmers are given a 6% interest rate per annum on the land and a time frame of 15 years with 15 equal annual amortizations to pay for it. In case of default, the amortization due shall be paid by the Farmers' Cooperative. The land acquired by the tenant farmer under Presidential Decree number 27 will not be titled to them unless they become a full-fledged member of a duly recognized Farmers' Cooperative. Heirs of the tenant farmer are allowed to inherit the transferred land. The Department of Agrarian Reform is assigned to implement the provisions of this chapter.
Mindmap
Keywords
💡Labor Code
💡Trade Union
💡Strikes
💡Equal Work Opportunities
💡Tenant Farmers
💡Emancipation
💡Land Ownership
💡Amortization
💡Interest Rate
💡Inheritance
💡Department of Agrarian Reform
Highlights
The Labor Code of the Philippines was enacted on Labor Day of 1974 by President Ferdinand Marcos.
The Labor Code does not include guidelines for the organization and membership of labor unions.
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 resolves any doubts in the interpretation of the Labor Code 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 a fair policy.
The implementation and interpretation of the code are resolved in favor of labor, not employers.
Rules and regulations become effective 15 days after announcement in newspapers of general circulation.
The Labor Code applies to all workers, whether agricultural or non-agricultural.
Chapter 2 of the Labor Code 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.
The stipulated sizes for land granted to tenant farmers exclude 10 hectares with no conditions.
A landowner may retain an area of not more than 7 hectares if cultivating the area.
The value of transferred land is determined as equivalent to 2.5 times the average harvest of three crop years.
The interest rate per annum of the land transferred to tenant farmers is 6%.
Tenant farmers are given a time frame of 15 years of equal annual amortizations to pay for the transferred land.
In case of default, the amortization due shall be paid by the Farmers' Cooperative.
Heirs of the tenant farmer are allowed to inherit the transferred land.
The Department of Agrarian Reform is assigned to implement the provisions of Chapter 2 of the Labor Code.
Transcripts
one when was the labor code of the
Philippines enacted a Labor Day of
1974 B Independence Day of
1981 C Labor Day of
1990 D Independence Day of
1962 the answer is a it was enacted on
Labor Day of 1974 by President Ferdinand
Marcos
two what is not included in the labor
code a rules for hiring and termination
of private
employees B conditions of work including
maximum work hours and
overtime C employee benefits such as
holiday pay 13th month pay and
retirement D guidelines in the
organization and membership and labor
unions e all of the above the answer is
e all of the above three true or false
the right to trade Union is expressly
recognized as is the right of a union to
insist on a closed shop the answer is a
true four are strikes authorized by the
labor code a yes strikes of all forms
are allowed B no all forms of strikes
are illegal C strikes are authorized for
as long as they comply with the strict
requirements under the code
D strikes are not discussed in the labor
code the answer is C strikes are
authorized for as long as they comply
with the strict
requirements five true or false workers
who organize or participate in illegal
strikes may be subject to
dismissal the answer is true six true or
false Philippine Juris Prudence 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 answer is
true seven true or false the state shall
ensure equal work opportunities
regardless of sex race or Creed a true B
false work opportunities are to be kept
hierarchical the answer is a true eight
true or
false the state shall regulate relations
between workers and
employers a true B false less a fair
policy discourages the state from
intervening in the Affairs of the labor
market the answer is a true nine true or
false the implementation and
interpretation of the code shall be
resolved in favor of the
employers a true B false it shall be
resolved in favor of Labor the answer is
B false 10 rules and regulations shall
become effective how many days after
announcement of their adoption in
newspapers of General
circulation a 15 days B 30 days C 60
days D 10 days the answer is a 15 days
11 true or false the labor code does not
apply to non-agricultural
workers a true
B
false it applies to all workers whether
agricultural or non-agricultural the
answer is B false 12 chapter 2
emancipation of tenants aims to
emancipate whom from what a the tiller
of the soil from his
bondage B the employer from his
responsibilities C the farmer from his
taxes D the tenants from their annual
dues the answer is a the tiller of the
soil from his
bondage 13 tenant farmers of what kind
of agricultural land are granted
ownership of land in article 8 a public
land devoted to COA B private land
devoted to rice and corn C public land
devoted to coconut trees D private land
devoted to Sugar the answer is B private
land devoted to rice and
corn 14 in article 8 tenant farmers are
granted land in the following stipulated
sizes except a 5 hectares if not
irrigated B 3 hectares if irrigated C 10
hectares with no
conditions the answer is C 10 hectares
with no
conditions 15 in all cases the landowner
May retain an area of not more than how
many
hectares if such landowner is
cultivating such area or will now
cultivate it a 5
hectares B 3
hectares C 10 hectares D7
hectares the answer is d 7
hectares 16 how is the value of the
transferred land
determined a equivalent to 2.5x the
average Harvest of three crop years B
equivalent to the prevailing market
value of the three
hectares C equivalent to half the
prevailing market value of land in the
area the answer is a 2.5x average
Harvest of three crop years 17 what is
the interest rate per anom of the land
transferred to tenant Farmers a 1% perom
B 6%
perom C 10% perom D 177%
perom the answer is B 6%
perom 18 what is the time frame given to
tenant Farmers to pay the transferred
land a 10 years of 10 equal annual
amortizations B 15 years of 15 equal
annual
amortizations C 10 years with monthly
amortizations D 15 years with varying
amortizations the answer is B 15 years
of 15 equal annual
amortizations 19 in article 9
determination of land value what happens
in case of default a amortization due
shall be paid by the Farmers
Cooperative B tenant farmer loses the
land to the
owner C the land owner regains the land
provided he pays one half the determined
value D tenant farmers of the
neighboring land May purchase the land
the answer is a Cooperative pays the
amortization 20 true or false no title
to the land acquired by
the tenant farmer under presidential
decree number 27 shall be actually
issued to him unless and until he has
become a full-fledged member of a duly
recognized Farmers
Cooperative the answer is true 21 Heirs
of the tenant farmer May
inherit the transferred land a true
hereditary succession is allowed be
false tenant farmers are only allowed to
keep the land while they are able to
till it the answer is a true Heirs of
the tenant farmer are allowed to inherit
the land 22 the labor code assigns what
agency to implement the provisions of
chapter 2 a Department of Labor B
Department of agrarian reform C registry
of deeds D land registration
Authority the answer is B Department of
agrarian
reform
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