Wednesday, August 19, 2015

“Social justice provisions” of the labor laws.




In most labor cases, the Supreme Court stressed that courts and quasi-judicial bodies must avoid making narrow interpretations of the law by   disregarding  the “social justice provisions” of the labor laws.  It said that  “in carrying out and interpreting the Labor Code's provisions and its implementing regulations, the employee's welfare should be the primordial and paramount consideration.[1] This kind of interpretation gives meaning and substance to the liberal and compassionate spirit of the law as provided in Article 4 of the Labor Code which states that "[a]ll doubts in the implementation and interpretation of the provisions of [the Labor] Code including its implementing rules and regulations, shall be resolved in favor of labor," and Article 1702 of the Civil Code which provides that "[i]n case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer".[2)
 The Supreme Court likewise expounded this principle by saying that "a strict interpretation of the cold facts before us might support the position taken by the companies. However, we are dealing here not with an ordinary transaction but with a labor contract which deserves special treatment and a liberal interpretation in favor of the worker xxx the Constitution mandates the protection of labor and the sympathetic concern of the State for the working class conformably to the social justice policy xxx Under the policy of social justice, the law bends over backward to accommodate the interests of the working class on the humane justification that those with less privileges in life should have more privileges in law xxx".[3]
The standard employment contract for seafarers was formulated by the POEA pursuant to its mandate under E.O. No. 247 to "secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith" and to "promote and protect the well-being of Filipino workers overseas." Section 29 of the 1996 POEA SEC itself provides that "all rights and obligations of the parties to the Contract, including the annexes thereof, shall be governed by the laws of the Republic of the Philippines, international conventions, treaties and covenants where the Philippines is a signatory."[4]
  It is relevant to state that the POEA standard employment contract is designed primarily for the protection and benefit of Filipino seafarers in the pursuit of their employment on board ocean-going vessels. Its provisions must, therefore, be construed and applied fairly, reasonably and liberally in favor or for the benefit of the seamen and their dependents. Only then can its beneficent provisions be fully carried into effect”. [5] Employment contracts of seafarers on board foreign ocean-going vessels are not ordinary contracts. They are regulated and an imprimatur by the State is necessary. While the seafarer and his employer are governed by their mutual agreement, the POEA Rules and Regulations require that the POEA-SEC be integrated in every seafarer’s contract.[6] Courts are called upon to be vigilant in their time-honored duty to protect labor, especially in cases of disability or ailment. When applied to Filipino seafarer, the perilous nature of their work is considered in determining the proper benefits to be awarded. These benefits, at the very least, should approximate the risks they brave on board the vessel every single day.[7]



1.  Reyes vs. Court of Appeals, 267 SCRA 409.
2. Cristobal v.ECC,103 SCRA 329; Acosta v. ECC ,109 SCRA 209; Sarmiento v. ECC, 144 SCRA 422); Philippine Telegraph & Telephone Corporation v. NLRC, 183 SCRA 451; Asia World Recruitment, Inc. vs. NLRC 313 SCRA 1
3.  PNCC vs. NLRC (217 SCRA 455),
4.  KESTREL SHIPPING CO., INC. etc, vs. FRANCISCO D. MUNAR,  G.R. No. 198501    January 30, 2013
[5] Philippine Transmarine Carriers, Inc. v. NLRC, 405 Phil. 487, 495; Wallem Maritime Services, Inc. vs. NLRC, 376 Phil. 738, 749 (1999).
[6] Inter-Orient Maritime, Incorporated v. Candava, G.R. No. 201251, June 26, 2013, 700 SCRA 174
[7] Seagull Maritime Corporation v. Dee, 520 SCRA 109.




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