Ten Labor laws that all non-lawyers should know

More than all other laws of the land, Labor laws touch the lives of almost all Filipinos, employees, employers, their dependents and beneficiaries, and the public in general.

Based on my 45 years of experience as a former Labor organizer in the 1970s, a management lawyer in the 1990s, DOLE Undersecretary, Labor arbiter, and consultant in the 2000s, as well as my in-depth and extensive researches, nine of every 10 labor cases filed before DOLE, NLRC, and NCMB, spring out of ignorance of the law. Only few Labor law violations arise out of malice, bad faith or deceit. Most workers and employers are not dishonest.

The remedy is knowledge of Labor laws, and that is my lifetime advocacy. All my life, I have been teaching Law, since Mike Rama was my student in UV Law and until Deputy Speaker Allan Lord Velasco was in my Labor law class in UST. And until this very moment when I am teaching Law in San Beda, UE, and other universities, I am helping people avoid both ignorance and deceit. There at least 10 Labor laws that all Filipinos should know. First of all, the laws on employment status. Each one should know the difference between employment status and employment tenure, the difference between regular and permanent employment, the meanings and implications of regular, probationary casual, project, fixed-term, and seasonal employment.

Second, they should master the laws on wages and know the modes of wage-fixing, whether unilateral, bilateral, or tripartite. Third, they should learn the nuances of at least 21 wage-based benefits from overtime pay to separation pay, from night differential to maternity benefits. Fourth, they should know the basics of employee discipline and dismissals, including the six just causes for termination from serious misconduct to gross and habitual neglect of duty. Fifth, they should study the laws on unionism and collective bargaining. Sixth, Filipinos should understand the meaning and implications of the laws on unfair labor practices, and strikes. Seventh, they must know the laws on HR development in Book Two of the Labor Code. Eighth, they should know employee compensation in Book Four of the Code.

Ninth, Filipinos should know the different modes of dispute resolution, like voluntary and compulsory arbitration, conciliation, mediation, and even labor inspection and enforcement. Tenth, they should be updated on the latest labor jurisprudence, from hiring to firing. Many of the employers do not pay the right wages and benefits because they are not really well-versed with the nuances and the specifics of Labor law compliance. Many workers also file cases recklessly. They charge management of too many things which they really do not understand. DOLE and NLRC complaint sections also do not screen complaints properly. They just want to please people and accept all their petty issues and biased views on the matter.

The government should educate both labor and management on fundamental Labor laws, and clarify the scope and limits of both workers' rights and employers' prerogatives. DOLE should focus on education rather than over-acting inspections. Too much interference by government in business, is anti-labor. It is driving investors away. It is killing the goose that lays the golden eggs.