Labor Code of the Philippines
The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. It was enacted on Labor day, May 1, 1974 by Late President of the Philippines Ferdinand Marcos in the exercise of his then extant legislative powers.
The Labor Code sets the rules for hiring and firing of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth-month pay and retirement pay; and the guidelines in the organization and membership in labor unions as well as in collective bargaining.
The Labor Code contains several provisions which are beneficial to labor. It prohibits termination of employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The right to self-organization of a union is expressly recognized, as is the right of a union to insist on a closed shop.
Strikes are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against management.
The Labor Code has been amended numerous times since it was first enacted. The most significant amendment was brought about by the passage of Republic Act 6175, which was enacted on March 2, 1989, under the administration of President Corazon C. Aquino. R.A. 6715 is also known as the Herrera Law and was authored by Senator Ernesto Herrera. Senator Leticia Ramos Shahani also introduced amendments to strengthen prohibitions against discrimination against women.
Subsequent amendments were also introduced under the administration of President Fidel V. Ramos.
