The Right to Work and to Adjust WageReport by:Lawrence C. BautistaAllan O. FernandezPaolo A. EstacioMaria Paula S. Go

Labor Rights• Also known as Labor Rights, are a group of legal

rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law.

• these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of these "rights" is the right to unionize.

• a relatively new addition to the modern corpus of human rights.

History• The Peasants' Revolt in

England during the Dark Ages (1381) expressed demand for better wages and working conditions.

• One of the leaders of the revolt was John Ball, an English Lollard priest

• He said: “When Adam delved and Eve span, who was then the gentleman?”

History• The modern concept of

labor rights dates to the 19th century after the creation of labor unions following the industrialization processes, and Karl Marx stands out as one of the earliest and most prominent advocates for workers rights.

Karl Marx• Founder of Socialism• His philosophy and economic theory focused on

labor issues and advocates his economic system of socialism, a society which would be ruled by the workers. In fact, many of the social movements for the rights of the workers were associated with groups influenced by Marx such as the socialists and communists.

Communism and Socialism• In socialism, the resources of the

economy are managed and controlled by the people themselves through communes or councils while in communism, management and control rest on a few people in a single authoritarian party.

• Both adhere to the principle that the resources of the economy should be collectively owned by the public and controlled by a central organization. The ideas of Communism and Socialism sprung up during the Industrial Revolution because of the people’s low wages and poor working conditions.

Definition• Article X111 Section 3 of the 1987 Constitution

(Labor):- The state shall afford full protection of 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 concerned 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.

Article 13 Section 3 (Labor)• The State shall promote the principle of shared

reponsibility between workers and employers and 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 on investments, and to expansion and growth.

Article III Section 1 (Bill of Rights)• No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be denied the equal protection of the laws.

Labor Code of the PhilippinesPRESIDENTIAL DECREE NO. 442

• Article 3: The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.

-TRAINING AND EMPLOYMENT OF SPECIAL WORKERS -HANDICAPPED WORKERS• Article 83: The normal hours of work of any

employee shall not exceed eight (8) hours a day.

MINIMUM WAGE RATES• prescribed by the Regional Tripartite Wages and Productivity Boards.

(As amended by Section 3, Republic Act No. 6727, June 9, 1989)• Standards/Criteria for minimum wage fixinga. The demand for living wages; b. Wage adjustment vis-à-vis the consumer price index; c. The cost of living and changes or increases therein; d. The needs of workers and their families; e. The need to induce industries to invest in the countryside; f. Improvements in standards of living; g. The prevailing wage levels; h. Fair return of the capital invested and capacity to pay of employers; i. Effects on employment generation and family income; and j. The equitable distribution of income and wealth along the imperatives of economic and social development.

REGIONWO No./DATE OF

EFFECTIVITY

NON-AGRICUL

TURE

AGRICULTURE

Plantation Non-Plantation

NCR a/ WO 17/June 3/Nov.1, 2012 P 419.00 - 456.00 P 419.00 P 419.00

CAR b/ WO 15/June 18, 2012 263.00 - 280.00 246.00 - 262.00 246.00 - 262.00

I c/ WO 15/July 25, 2012 233.00 - 253.00 233.00 205.00

II d/ WO 15/May 16, 2012 247.00 - 255.00 235.00 - 243.00 235.00 - 243.00

III e/ WO 17/October 11, 2012 285.00 - 336.00 270.00 - 306.00 258.00 - 290.00

IV-A f/ WO 15/May 15, 2012 255.00 - 349.50 251.00 - 324.50 231.00 - 304.50

IV-B g/ WO 05/Nov. 11, 2010 252.00 - 264.00 210.00 - 219.00 190.00 - 199.00

V h/ WO 15/ April 7, 2012 228.00 - 252.00 228.00 228.00

VI i/ WO 20/ May 31, 2012 235.00 - 277.00 245.00 235.00

VII j/ WO17/December 7, 2012 282.00 - 327.00 262.00 - 309.00 262.00 - 309.00

VIII k/ WO 17/October 16, 2012 260.00 235.00-241.00 220.50

IX l/ WO 17/ Nov. 25, 2011 267.00 242.00 222.00

X m/ WO 16/July 24, 2011 271.00 - 286.00 259.00 - 274.00 259.00 - 274.00

XI n/ WO 17/Jan. 1, 2012 301.00 291.00 291.00

XII o/ WO 17/April 18, 2012 270.00 248.00 243.00

XIII p/ WO 11/November 11, 2011 258.00 248.00 228.00

ARMM q/ WO 14/ September 21, 2012 232.00 232.00 232.00

House Bill 375

-An Act providing for a P125 daily across-the board increase in the salary rates of employees and workers in the private sector and for other purposes.-introduced by AnakPawis representative Rafael V. Mariano and Bayan Muna representative Teodoro A. Casino

House Bill 375• According to the authors, the minimum wage has differed

from one region to another.• After the May 10, 2010 elections, only P22 daily wage

increase has been given to NCR, from P382 to P404.• Before the elections, in 2008 the true value of P382 is

actually P235, due to inflation.• The Purchasing Power of the Peso has been constantly

eroded due to inflation. Since 2000 (base year of CPI), the Philippine Peso has been eroded by 40%. What used to cost 60 centavos in 2000 is now P1 (as of 2010).

• The authors do not only blame inflation, but also the government’s policy of privatization, deregulation and liberalization that are the other causes of increasing prices of basic commodities and utilities.

House Bill 375• Section 3: In line with the declared policy of this

act, all employers in the private sector, whether agricultural or non-agricultural, regardless of capitalization and number of employees shall pay their workers an across-the-board wage increase in the sum of One Hundred and Twenty Five Pesos (P125) a day upon the effectivity of this act.

House Bill 375• The bill is still pending

in Congress.• Several business

groups, including The Employers Confederation of the Philippines (ECOP), criticize the bill because it is not productivity-based, and the cost of production of goods and services would rocket sky-high.

House Bill 375• In the process, companies which are unable to

recover the increased cost of production would have no other choice but either to retrench or worse, close shop, or simply go underground, rather than risk severe penal sanction.

• The biggest casualty of such magnitude of legislated wage hike would be micro and small establishments.

Cause of the problem• The root cause of the

problem is due to inflation.• Unequal wage rates on

different provinces of the country.

R.A. 10361: Kasmbahay Law• The State recognizes the need to protect the

rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health; and

• The State, in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work.

R.A. 10361: Kasmbahay Law