1. What is the purpose of labor legislation? 2.5%
2. What is the concept of liberal approach in interpreting the Labor Code and its Implementing Rules and Regulations in favor of labor? 2.5%
3. What property right is conferred upon an employee once there is an employer-employee relationship? Discuss briefly. 5%
2 comments:
I.
1.
Labor legislation governs the relations between capital and labor by providing for certain terms and conditions of employment, and a legal framework within which these terms and conditions and the employment relationships may be negotiated, adjusted, and administered. It exists to give meaning to the constitutional provisions on social justice.
2.
The liberal approach in interpreting the Labor Code and its Implementing Rules and Regulations in favor of labor means that all doubts in the interpretation and implementation thereof shall be resolved in favor of labor. Labor is favored only if there is doubt. If doubt does not exist, the law and the rules shall be applied as it is.
3.
The property right conferred upon an employee once there is employer-employee relationship is one protected by due process. As decided by the Supreme Court in numerous cases, one’s employment is a property right and the wrongful interference therewith is an actionable wrong.
The purpose of Labor Legislation is to protect the workers rights as provided for under the 1987 constitution.
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