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Since the issuance of the Labor Code of the Philippines
on 1 May 1974, changes in the
socio-economic-political landscape have taken
place, which altered the face of the world of
work, and in turn, caused government to make
policy shifts on labor and employment.
These policy changes are embodied in
enacted laws, which either modified, superseded,
amended or simply rendered obsolete certain
provisions in the Labor Code. However, some
provisions of the controlling laws are not
reflected therein as these do not expressly repeal
or modify the Labor Code provisions.
This situation calls for the re-codification of the
Labor Code to make it reflective of the
changes that have taken place. However, the process of recodification or updating requires
time because it has to go through the legislative
mill. Meanwhile, there is an urgent need to reflect the changes to
help foster a better understanding of labor laws.
The Integrated Labor and labor-Related
Laws, therefore, attempts to put together all
enactments affecting or governing labor and
employment, which are in force to date.
The format of presentation uses the outline of the existing
Labor Code of the Philippines as amended, as
the framework for the integration of relevant
laws. Provisions deemed obsolete, superseded,
repealed or modified are marked with an asterisk
(*), and its exact wordings are placed at the
repealed modified or superseded provisions. On the
other hand, laws that affect the entire Title or
Chapter are reflected after the affected Title or
Chapter, either in full text or selected relevant
provisions only as the case may be.
Notes, which are denoted by number, could
either be an explanation, a commentary or
additional information referring to a definition,
an amendment of the law, a supporting piece of
legislation or simply an instruction.
Jurisprudence on Statutory Construction on repeal and
amendment of statue, such as People v. Almuete
(69 SCRA 410 [1976]); Mecano v. Coa (216 SCRA 500
[1992]); Hagad v. Dozo-Dadole (251 SCRA 242
[1995]); and Agujetas v. CA (261 SCRA 17 [1996]), provided
the guiding principles in integrating labor and
labor-related laws into the existing provisions of
the Labor Code.
Moreover, any provision of
the Code referring to the Ministry of Labor and
Employment, Minister, Deputy Minister, and
Assistant Minister have been changed in this
compilation to Department of Labor and Employment,
Secretary, Undersecretary, and Assistant
Secretary, respectively.
The changed in nomenclature, as mandated in
Section 30 of Executive Order No. 126, issued in
1987, is due to the change in the form of
government from parliamentary to presidential.
It
is hoped that this book could be a user-friendly
reference for students, law practitioners and the
general public for a better understanding of
existing labor laws, and provide a good basis for
a comprehensive review of the Labor Code to
make it more responsive to the demands of the next
millennium. |