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like Book in Book IV, Title I and Book VI of the Labor Code. These Books of the Labor Code deal
with working conditions, wages, working conditions for women, minors, househelpers and
homeworkers, medical and dental services, occupational health and safety, termination and retirement.
Labor legislation is an exercise of police power.The purpose of labor legislation is to regulate the
relations between employers and employees respecting the terms and conditions of
employment, either by providing for certain standards or for a legal framework within which
better terms and conditions of work could be negotiated through collective bargaining. It is
intended to correct the injustices inherent in employer-employee relationship.
Employee - A person who works for another in return for financial or other compensation.
Employer - a. To provide work to (someone) for pay: agreed to employ the job applicant.
Employment is a contract between two parties, one being the employer and the other being the
employee. An employee may be defined as: "A person in the service of another under any contract of
hire, express or implied, oral or written, where the employer has the power or right to control and direct
the employee in the material details of how the work is to be performed." Black's Law Dictionary page
471 (5th ed. 1979).
Limitations
a. Protection to labor cannot be used as a pretext to defeat the
rights and prerogatives of an employer. Thus, the validity of the
dismissal of an employee found guilty of violating rules designed
for the safety of the employees themselves, should be upheld
because it protects labor and at the same time gives the
employer its due.
b. Protection to labor cannot be used as an excuse to distribute
charities at the expense of an employer. Courts cannot renderjudgment on the basis of sympathies and
inclinations, and
consequently, distribute charities at the expense of the
employer, because our constitutional government assures the
latter against deprivation of property except in accordance with
the statues and supplementary equitable principles.
Art. 2. Date of Effectivity. – This Code shall take effect six (6)
months after its promulgation.
COMMENT:
1. Effectivity of the Labor Code
8 Took effect on November 1,