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P R E S E N T E D BY:
R O N A M A E M . PA R A D E R O
M A E D - E D U C AT I O N A L
MANAGEMENT

HIERARCHY OF LAWS

Constitution
Statutes (RAs, BPs, PDs,
CommActs & Acts)
Exec.
Orders

Dept.
Orders

MCs

Judicial
Decision
s
Local
Orders

1987 CONSTITUTION
ARTICLE II
STATE POLICIES
Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
ARTICLE XIII
LABOR
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.

1987 CONSTITUTION (ART. XIII, SEC. 3)


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.

ARTICLE XIII, SECTION 3 (LABOR)


self-organization,
collective bargaining and
negotiations,
to strike in accordance with law
security of tenure,
humane conditions of work, and
a living wage
participate in policy and
decision-making processes
affecting their rights and
benefits

principle of shared responsibility


between workers and
employers preferential use in
settling disputes, conciliation,
enforce mutual compliance to
foster industrial peace.
right of labor to just share in the
fruits of production and the
right of enterprises to
reasonable returns to
investments, and to expansion
and growth.

LABOR CODE OF THE PHIL. (PD 442)


BOOK ONE - Pre-employment
BOOK TWO - Human Resources
Development Program
BOOK THREE - Conditions Of Employment
BOOK FOUR - Health, Safety And Social
Welfare Benefits
BOOK FIVE - Labor Relations
BOOK SIX - Post Employment

OTHER LAWS IN LABOR

RA 7877 Anti Sexual Harassment Act of 1995


RA 7641 Retirement Law
RA 6715 New Labor Relations Law
RA 7192 Women in Development & Nation
Building Act
RA 7322 Maternity Benefits
RA 2260 Civil Service Act of 1959

EXECUTIVE ORDER (EO) 292


Administrative Code of 1987
Book V of the Code pertains to Constitutional
Commissions which includes CSC to insure and
promote that:
appointments in the CS shall be made only
according to merit and fitness;
CSC as the central personnel agency of the
government;

EXECUTIVE ORDER (EO) 292

cs
c

Establish a career service


Adopt measure to promote morale,
efficiency, integrity, responsiveness
and courtesy
Strengthen the merit and rewards system
Integrate all HRD programs
Institutionalize management climate
conducive to public accountability
Personnel functions shall be decentralize

CSC RESOLUTION NO. 1631


Omnibus Rules Implementing Book V of EO No. 292 was adopted on
December 27, 1991 (with 19 Rules) from:
RULE 1 Coverage & Definition of Terms
RULE 2 Recruitment & Examination
RULE 3 Ratings & Eligibilities
RULE 4 Qualification Standards
RULE 5 Appointment
RULE 6 Promotion
RULE 7 Other Personnel Actions
RULE 8 Career & Personnel Development

CSC RESOLUTION NO. 1631


RULE 9 Performance Evaluation
RULE 10 Employees Suggestions & Incentive Awards System
RULE 11 Employee Relations & Services
RULE 12 Complaints & Grievances
RULE 13 Right to Self-Organization
RULE 14 Discipline
RULE 15 Inspection & Audit
RULE 16 Leave of Absence
RULE 17 Government Office Hours
RULE 18 Prohibitions
RULE 19 - Miscellaneous Provisions

INTERNATIONAL LAWS
THE ILO CONVENTION
87

31st Session, Sn. Francisco, USA,


June 17, 1948
Recognition of the principle of the
freedom of association to a
means of improving conditions
of labor and of establishing
peace
Adopted July 9, 1948 FREEDOM
OF ASSOCIATION &
PROTECTION OF THE RIGHT
TO ORGANIZE
CONVENTION, 1948

THE ILO CONVENTION


98

32nd Session, Geneva,


Switzerland, June 8, 1949
The right to organize and to
bargain collectively
Adopted July 1, 1949
RIGHT TO ORGANIZE
AND COLLECTIVE
BARGAINING
CONVENTION, 1949

RULE 2 RECRUITMENT & EXAMINATION


open to ALL
Filipinos
shall be selected
on the basis of
FITNESS to
perform the
duties and
assume the
responsibilities

FIRST LEVEL
clerical, trades,
crafts &
custodial
service position
involve nonprof or sub-prof
work in a nonsupervisory or
supervisory
capacity
require less
than 4 years of
collegiate
studies

SECOND
LEVEL
professional,
technical &
scientific
position
require at least
4 years college
work
Up to Division
Chief level

THIRD LEVEL
cover positions
in the CES

RULE 5 APPOINTMENT
ALL appointment to the CS
shall be made only
according to merit and
fitness to be determined
as far as practicable by
competitive examinations
When two or more
applicants meet the
minimum requirements
for the position, objective
criteria must be set

PERSONNEL ACTION
any action denoting
movement or progress
of personnel in the CS
promotion, transfer,
reinstatement,
reemployment, detail,
secondment, reassignment, demotion
& separation

RULE 5 APPOINTMENT
appointment shall be disapproved when a person:
Does not meet the qualifications for the position;
Has been found guilty of a crime involving moral turpitude, or of infamous,
disgraceful conduct or addiction to narcotics, or dishonesty
Has been dismissed from the service for cause, unless an executive clemency has
been granted
Has intentionally made a false statement of any material fact or has practiced or
attempted to practice any deception or fraud in connection with his appointment
Has been issued such appointment in violation of existing CS law, rules and
regulations

RULE 5 APPOINTMENT
APPOINTMENT IN THE
CS

Permanent Status
Meets all the
requirements, incl.
appropriate eligibility
& in accordance with
law

Temporary Status

Absence of eligible
Public interest
Not to exceed 12
months

C L A S S I F I C AT I O N O F
C O -T E R M I N O U S

Co-terminous with
the project
Co-terminous with
the appointing
authority
Co-terminous with
the incumbent
Co-terminous with
a specific period

BOOK ONE - PRE-EMPLOYMENT


Article 12. Statement of objectives. It is the policy of the State:
To promote and maintain full employment through improved
manpower training, allocation and utilization;
To protect every citizen desiring to work locally or overseas by
securing for him the best possible terms and conditions of
employment;
To facilitate a free choice of available employment by persons
seeking work in conformity with the national interest;
To facilitate and regulate the movement of workers in
conformity with the national interest;

BOOK ONE - PRE-EMPLOYMENT


To regulate the employment of aliens,
including the establishment of a
registration and/or work permit
system;
To strengthen the network of public
employment offices and rationalize
the participation of the private
sector in the recruitment and
placement of workers, locally and
overseas, to serve national
development objectives;
To insure careful selection of Filipino

BOOK TWO - HUMAN RESOURCES DEVELOPMENT PROGRAM

Article 43. Statement of objective. It is the


objective of this Title to develop human
resources, establish training institutions, and
formulate such plans and programs as will
ensure efficient allocation, development and
utilization of the nations manpower and
thereby promote employment and accelerate
economic and social growth.

BOOK THREE - CONDITIONS OF EMPLOYMENT

Article 82. Coverage. The provisions of this Title shall


apply to employees in all establishments and
undertakings whether for profit or not, but not to
government employees, managerial employees, field
personnel, members of the family of the employer who
are dependent on him for support, domestic helpers,
persons in the personal service of another, and workers
who are paid by results as determined by the Secretary
of Labor in appropriate regulations.

BOOK FIVE - LABOR RELATIONS


Article 211. Declaration of Policy. It is the policy of the State:
To promote and emphasize the primacy of free collective
bargaining and negotiations, including voluntary arbitration,
mediation and conciliation, as modes of settling labor or
industrial disputes;
To promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social
justice and development;
To foster the free and voluntary organization of a strong and
united labor movement;
To promote the enlightenment of workers concerning their
rights and obligations as union members and as employees;

BOOK FIVE - LABOR RELATIONS


To provide an adequate administrative machinery for the
expeditious settlement of labor or industrial disputes;
To ensure a stable but dynamic and just industrial
peace; and
To ensure the participation of workers in decision and
policy-making processes affecting their rights, duties
and welfare.
To encourage a truly democratic method of regulating
the relations between the employers and employees
by means of agreements freely entered into through
collective bargaining, no court or administrative
agency or official shall have the power to set or fix
wages, rates of pay, hours of work or other terms and
conditions of employment, except as otherwise
provided under this Code. (As amended by Section 3,
Republic Act No. 6715, March 21, 1989)

THANK
YOU!

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