1. 1987 Constitution, Labor Code, and Civil Code

1987 Constitution, Labor Code, and Civil Code

Concept

The 1987 Constitution supplies the fundamental protections for labor. The Labor Code states corresponding policies and consolidates labor and social laws to protect labor, promote employment and human resources development, and foster industrial peace based on social justice. A narrower Civil Code connection is attorney’s fees when a claimant is compelled to litigate to obtain benefits. (Art. XIII, Sec. 3, 1987 Const.)¹ (Art. 3, Labor Code)² (Preamble, Labor Code)³ (Phils. v. Acabado, G.R. No. 249567, 29 September 2021)⁴

Governing provisions

• Article II, Section 18 of the Constitution recognizes labor as a primary social economic force and directs the State to protect workers’ rights and promote their welfare. (Art. II, Sec. 18, 1987 Const.)⁵
• Article XIII, Section 3 directs full protection for local and overseas labor, whether organized or unorganized, and calls for full employment and equality of employment opportunities. (Art. XIII, Sec. 3, 1987 Const.)¹
• Article 3 of the Labor Code directs the State to protect labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate worker–employer relations. (Art. 3, Labor Code)²

Requisites / Rules

• Constitutional worker rights include self-organization, collective bargaining and negotiations, peaceful concerted activities, security of tenure, humane working conditions, and a living wage. Participation in policy and decision-making processes affecting workers’ rights and benefits is as provided by law. (Art. XIII, Sec. 3, 1987 Const.)¹
• The Constitution promotes shared responsibility between workers and employers and the preferential use of voluntary dispute-settlement modes, including conciliation. It also recognizes labor’s just share in the fruits of production and enterprises’ reasonable returns, expansion, and growth. (Art. XIII, Sec. 3, 1987 Const.)¹
• Under Article 5 of the Labor Code, the Department of Labor and other agencies charged with administering or enforcing the Code promulgate necessary implementing rules. Those rules become effective fifteen days after announcement of their adoption in newspapers of general circulation. (Art. 5, Labor Code)⁶

Distinctions

The Constitution expressly covers both local and overseas workers and both organized and unorganized labor. Article 3 of the Labor Code separately specifies equal work opportunities regardless of sex, race or creed. Read each provision for what it states rather than treating their lists as identical. (Art. XIII, Sec. 3, 1987 Const.)¹ (Art. 3, Labor Code)²

Key doctrines

Constitutional and labor protections apply to Filipino employees working in the Philippines or abroad, particularly where the employment contract was executed in the Philippines with POEA approval. In a separate application of security of tenure, a DOLE contractor-registration certificate was held not conclusive of independent-contractor status; the totality of circumstances mattered. (Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, 5 August 2014)⁷ (Caballero v. Commissary, G.R. No. 238859, 19 October 2022)⁸

Attorney’s fees may be awarded under Article 2208 when a claimant is compelled to litigate to obtain benefits. This is a specific remedial point, not a substitute for identifying the applicable constitutional or Labor Code protection. (Phils. v. Acabado)⁴ (Art. XIII, Sec. 3, 1987 Const.)¹

Exceptions

Constitutional rights must be read with their stated qualifications: the right to strike is exercised in accordance with law, while participation in relevant policy and decision-making processes is as provided by law. (Art. XIII, Sec. 3, 1987 Const.)¹

Bar tip

Identify the source and the precise protection first. For a claimed qualification, point to the provision’s own wording rather than assuming that every listed right operates in the same way. (Art. XIII, Sec. 3, 1987 Const.)¹ (Art. 3, Labor Code)²