What are the policies of the state with restpect to labor

1 Under Article II (Declaration of Principles and State Policies):

a. FIRST OF TWO PROTECTION-TO-LABOR CLAUSES: “Section 18. The State affirms labor as a primary
social economic force. It shall protect the rights of workers and promote their welfare. Under Article III (Bill of Rights):

a. Due process and equal protection of the law. NOTE: THIS CANNOT BE INVOKED BY EMPLOYEES
AGAINST THEIR EMPLOYERS IN CASES OFTERMINATION OF THEIR EMPLOYMENT.

b. Freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition
the government for redress of grievances. NOTE: THIS FREEDOM IS RELEVANT ONLY IN PICKETING AND
NOT IN STRIKE.

c. Right of public and private sector employees to form unions, associations, or societies for purposes not contrary
to law shall not be abridged. NOTE: THIS IS KNOWN AS “FREEDOM OF ASSOCIATION.” THIS PROVISION IS
THE BASIS FOR THE EMPLOYEES’ RIGHT TO SELF-ORGANIZATION.

d. Non-impairment of obligations of contracts. NOTE: THE CONCEPT OF THIS RIGHT IN POLITICAL

LAW IS SIMILAR IN LABOR LAW.

e. Right to speedy disposition of cases in judicial, quasi-judicial or administrative bodies. NOTE: THIS CAN BE
INVOKED IN LABOR CASES AT ALL LEVELS.

f. Prohibitions against involuntary servitude. NOTE: THIS PRINCIPLE IS RELEVANT ONLY IN TWO (2)
SITUATIONS: NAMELY: (1) RESIGNATION AND (2) RETURN-TO-WORK ORDER IN NATIONAL INTEREST
CASES. THIS MEANS THAT: (1) AN EMPLOYEE HAS THE RIGHT TO RESIGN SINCE HE CANNOT BE
FORCED TO WORK AGAINST HIS WILL; (2) A STRIKER CAN BE ORDERED TO RETURN TO WORK EVEN
AGAINST HIS WILL IN NATIONAL INTEREST CASES. ACCORDINGLY, IT IS NOT IN VIOLATION OF THE
INVOLUNTARY SERVITUDE PRINCIPLE.

2 Section 3. 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.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their
rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and growth.

3 R.A. No. 10395 [March 14, 2013], strengthening tripartism, amending for the purpose Article 290 [275] of the
Labor Code, otherwise known as the “Tripartism Law.” Tripartism in labor relations is hereby declared a State policy.
Towards this end, workers and employers shall, as far as practicable, be represented in decision and policy-making bodies of
the government

What is the policy of the state with respect to the relations to workers and employers – see above

What is the policy of the state with respect to labor relations – see above

How does the state view labor – see above

How does the state view the employer - see above

What is the principle of shared responsibility

See next answer

What is the concept of co-determination

The principle of co-determination refers to the right given to the employees to co-determine or share the
responsibility of formulating certain policies that affect their rights, benefits and welfare.

In PAL v. NLRC, it was held that the formulation of a Code of Discipline among employees is a shared
responsibility of the employer and the employees. It affirmed the decision of the NLRC which ordered that the New Code
of Discipline should be reviewed and discussed with the union, particularly the disputed provisions and that copies thereof
be furnished each employee