Title 2025 San Beda Red Book Labor Law.pdf ✅

LABOR LAW AND SOCIAL LEGISLATIONS Julienne Louise C. Villanueva Subject Chair Moira Lou J. Clemente Elijah Christiane M. Fajardo Electronic Data Processing

3. 4. Any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations; Any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population; 5. Minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services (C-029 of 1930, Art. 2). Q: What are the conditions to sa where recourse is had to forced as enshrined in C-029 of 1930? ANS: The authority concerned shal 1. Community Benefit - is of important di render the servi 2. Imminent Ne necessity; 3. Reason upon t capaci 4. No Displ workers fro 5. Respect for service will be d and agriculture f n forced labor is exacted as a tax, and e execution of public works by chiefs, e service to be rendered upon to do the work or of present or imminent y too heavy a burden r available and its ii the removal of the ork or the rendering of the ncies of religion, social life Q: What is the maximum r which any person may be taken for forced labor under C-029 of 1930? ANS: The maximum period for which any person may be taken for forced or compulsory labor of all kinds in any one period of twelve months shall not exceed sixty days, including the time spent in going to and from the place of work. Every person from whom forced or compulsory labor is exacted shall be furnished with a certificate indicating the periods of such labor which he has completed (C-029 of 1930, Art. 12). Q: Are forced labors remunerated? ANS: Yes. Forced or compulsory labor of all kinds shall be remunerated in cash at rates not less than those prevailing for similar kinds of work either in the district in which the labor is employed or in the district from which the labor is recruited, whichever may be the higher, EXCEPT where forced or compulsory labor is exacted as a tax, and where recourse is had to forced or compulsory labor for the. execution of public works by chiefs as provided for under Article 10 (C-029 of 1930, Art. 14). Q: Is illegal exaction of forced labor a penal offense? ANS: Yes. The illegal exaction of forced or compulsory labor shall be punishable as a penal offense, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced (C- 029 of 1930, Art. 25).
Q: What is the freedom of association under the Freedom of Association and Protection of the Right to Organize Convention (C-087 of 1948)? ANS: Workers' and employers' organizations shall have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations of workers and employers. (C-087 of 1948, Art. 5). Q: What is an organization under the C-087 of 1948? ANS: Any organization of workers or of employers for furthering and defending the interests of workers or of employers (C-087 of 1948, Art. 10). Q: What does the Right to Organize and Collective Bargaining Convention (C-098 of 1949) provide with respect to workers' employment? ANS: Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. Such protection shall apply more particularly in respect of acts calculated to: 1 . Make the employment a union or shall rel" 2. Cause the dis membership or, with the 1). Q: What acts con C-098 of 1949? ANS: Acts which under the dominat organizations by fin under the control of acts of interference ( the condition that he shall not join ip; worker by reason of union ties outside working hours rs (C-098 of 1949, Art. organization under rkers' organizations r to support workers' g such organizations deemed to constitute Q: What is remunera on Convention (C-100 of 1951)? ANS: Remuneration includes additional emoluments whatsoever paya irectly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment (C-100 of 1951, Art. 1). Q: How do Members of the International Labor Organization apply the equal remuneration principle for men and women workers for work of value? ANS: Members may apply the principle by means of: 1. National laws or regulations; 2. Legally established or recognized machinery for wage determination; 3. Collective agreements between employers and workers; or 4. A combination of these various means (C-100 of 1951, Art. 2). Q: What are the responsibilities of the Members of the International Labor Organization which ratified the /LO Abolition of Forced Labor Convention (C-105 of 1957)? ANS: Each Member of the International Labor Organization which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labor: 1. As a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;