Labor Code - Atty. Duka (Part one)
Labor Code - Atty. Duka (Part one)
Article thirteen, Section three
The state shall afford full protection to labor, local and overseas, organized and unorganized promote full employment and equality of employment opportunities for all guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike according to law
Basis of Labor Code
Basis of Labor Code
Police Power
Labor contracts are subject to the police power of the State
Visitorial and Enforcement Power
The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers,
shall have access to employer's records and premises at any time of the day or night whenever work is being performed and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations
Social Justice neither communism, nor despotism, nor atomism, nor anarchy, but humanization of laws and the equalization of social and economic force by the State not intended to countenance wrongdoing simply because it is committed by the underprivileged cannot be permitted to be refuge of scoundrels those who invoke social justice may do so only if their hands are clean and not simply because they happen to be poor you can only invoke social justice only if you deserve it. Not because you are poor
One manifestation is construction in favor of labor all doubts in the Code shall be resolved in favor of labor
If there is no doubt:
do not resolve in anyone's favor while the Labor Code is intended to protect workers, they are not intended to destroy or oppress the Capital apply pure and simple meaning of the law