Labor Laws: Reviewed

It is an elementary rule in our Labor laws that the right of the employee to hire is but a prerogative right. Anent this right is the right to fire. But the latter right poses a situation where there is already a well established employer - employee relationship. Our labor laws provide for four factors or tests to determine whether or not such a relationship is being established. Apart from the power to hire(which is prerogative in nature), there is the payment of wages (whether received with or without payslip). In addition is the power of control which shall be exercised by the employer. This power of control, among others is the most important factor that even if all the other factors in determining whether the relationship is established or not are absent, it is still deemed that there is the existence of an employer-employee relationship. Finally, there's the selection. This last factor is more or less dependent on the company's set of rules or requirements of persons they need. 

Why am I telling you all these things?

Well, the answer to the posted question is simple and that is practically because, while labor in the Philippines appear to be an indispensable factor to the economy, taking it in a global perspective, still, by all means, labor must be protected and must be given the rights they deserve. This does not mean however the stripping off of an employer's right. But as has been ruled in many labor cases by the Supreme Court, considering that as between the employer and the employee, it is the employer who is on a higher pedestal in terms of resources, the labor's right must not be then taken for granted. 

The 1987 constitution has provided the people with fundamental rights and among those provided is the right to be secure in tenure which among others cover the right to fair labor and practice. Any form of violation of this constitutional right (no matter how small or big) is frowned and punished by our laws. Thus, employers shall, at all times conform to the sets of labor standards and relations in order to avoid any confusion and the threat of being faced with charges. This includes the registration of the business with the Securities and Exchange Commission (SEC), the renewal of business permits, the payment of taxes, the payment of wages or salaries due to the employee in consonance with the Regional Tripartite Wage Regulation and etc. On the part of the labor, it is best that they know their rights so to avoid any conflict of interests or worst, to be subjected to tyrant employers. 

In my opinion though, considering that our courts seem to favor labor on almost all labor cases, it appears that the courts are already biased about the case. But one should understand that an employer has all the means he can get to keep the case going for God knows how long until such time that the labor will be drained by his minute resources and would end up asking the employer to stop the deliberation of the case should the employer be willing to pay him some amount of money. This is what usually happens in reality. And this is not only happening in labor cases but also in criminal cases. This is the same reason why the Labor Code of the Philippines may perhaps seem to favor the labor.

With all these governing laws and rules on the employer-employee relationship, there are still those who try to circumvent these laws for economic gains or for whatever purposes they may have and it saddens me to think that despite these laws, there are still the degradation of rights and worst, tyranny or slavery. I may be using bold words here but I am only expressing my sentiments. I too is but a part of a working force whose aim is targeted at the proper implementation of labor laws to further the economic development that is grounded by a good and harmonious employer-employee relationship. And I can only get my hopes high on this.