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.

Outlines

00:00

📜 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.

05:00

🌾 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.

Keywords

💡Labor Code

The Labor Code refers to a comprehensive set of laws that govern the relationship between employers and employees, covering aspects such as wages, working conditions, and labor disputes. In the context of the video, the Labor Code of the Philippines was enacted on Labor Day of 1974, signifying its importance in regulating labor relations in the country. It includes provisions for trade unions, working conditions, and employee benefits, which are discussed throughout the script.

💡Trade Union

A trade union is an organization that represents the collective interests of workers and negotiates employment contracts with employers. The video script highlights that the right to form trade unions is expressly recognized in the Labor Code, indicating the legal framework supporting workers' collective bargaining power and their ability to advocate for better working conditions.

💡Strikes

Strikes are work stoppages initiated by employees to protest against employers, often demanding better working conditions or wages. The script clarifies that while strikes are authorized by the Labor Code, they must comply with strict requirements, reflecting the balance between workers' rights to protest and the need for labor stability.

💡Equal Work Opportunities

Equal work opportunities refer to the principle that all individuals should have fair and equal access to jobs without discrimination based on sex, race, or creed. The video script emphasizes that the state ensures equal work opportunities, reflecting the commitment to non-discrimination and fairness in the labor market.

💡Tenant Farmers

Tenant farmers are individuals who cultivate land owned by others, often under certain rental agreements. The script discusses the emancipation of tenant farmers from their annual dues, indicating a shift towards providing them with ownership rights and better economic conditions, which is a significant aspect of agrarian reform.

💡Emancipation

Emancipation, in the context of the script, refers to the process of legally freeing individuals from certain obligations or restrictions, such as tenant farmers from their dues. Chapter 2 of the Labor Code aims to emancipate the tiller of the soil from his bondage, showcasing the government's efforts to improve the lives of agricultural workers.

💡Land Ownership

Land ownership is the legal right to possess, use, and dispose of land. The script mentions that tenant farmers of private land devoted to rice and corn are granted ownership of the land, which is a pivotal aspect of the agrarian reform aimed at empowering farmers and improving their economic status.

💡Amortization

Amortization refers to the process of paying off a loan by making regular payments over a set period. In the script, it is mentioned that tenant farmers are given a time frame to pay for the transferred land through equal annual amortizations, which is a financial arrangement that allows them to gradually acquire full ownership of the land.

💡Interest Rate

The interest rate is the percentage of a loan that is charged as interest to the borrower. The script specifies that the interest rate per annum for the land transferred to tenant farmers is 6%, which is a critical financial detail affecting the affordability and terms of the land acquisition for the farmers.

💡Inheritance

Inheritance is the legal process by which assets or property are passed on to heirs after the owner's death. The video script clarifies that heirs of the tenant farmer may inherit the transferred land, ensuring that the benefits of land ownership can be passed down through generations.

💡Department of Agrarian Reform

The Department of Agrarian Reform is the government agency tasked with implementing policies related to land reform, including the redistribution of land to tenant farmers. The script assigns this agency the role of implementing the provisions of Chapter 2 of the Labor Code, highlighting its central role in executing agrarian reforms.

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