SIGNIFICANT CONSTITUTIONAL PROVISIONS CONCERNING WORK

Question 1

” The State shall afford full protection to labor, local and overseas organized and unorganized, and promote full employment and equality of employment opportunities for all.”

Answer 1

Section 3, Art. XIII of the 1987 Constitution

Question 2

THE WORKERS’ RIGHTS (1-4)

Answer 2

1. Right to Self-Organization
2. Right to Collective Bargaining
3. Right to Security of Tenure
4. Right to just and Humane Conditions at Work

Question 3

Under the Right to just and humane conditions at work.

Answer 3

4.1. The right to regular working hours
4.2 The right to regular working days
4.3 The right to overtime pay
4.4 The right to weekly rest period
4.5 The right to compensation for holiday work
4.6 The right to hospitalization

Question 4

THE WORKER’S RIGHTS

Answer 4

5. Right to peaceful concerted activities
6. Right to strike
7. Right to a living wage
8. Right to participate in policy and decision-making processes.
9. Right to just share in the fruits of production.

Question 5

Employer’s rights

Answer 5

1. Reasonable return on investment
2. Expansion and growth
3. Exercise management prerogative

Question 6

(Worker’s rights)
It exists during the period of business recession, industrial depression or seasonal fluctuations.

Answer 6

Retrenchment

Question 7

(Worker’s rights)
It exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise.

Answer 7

To declare redundancy

Question 8

(Worker’s rights)
The management may cease business operations or undertaking even if it is not suffering from serious business losses as long as he pays his employees their terminating pay in the amount corresponding to their length of service.

Answer 8

To cease operations

Question 9

TERMINATION OF EMPLOYER AND EMPLOYEE RELATIONSHIP

Answer 9

1. Serious misconduct or willful disobedience
2. Gross habitual neglect
3. Fraud or willful breach
4. Commission of crime or offense